At the end of April the Ministry of Justice announced that an additional £6 million would be made available to people looking to provide care for vulnerable children within their extended family group. Under the plans funding for free legal advice will be provided to family members seeking to offer a long-term stable home to children who are no longer able to live with their biological parents. Legal aid funds will now be available to more people applying through the courts for Special Guardianship Orders. These orders enable vulnerable children in need of a stable home to be placed in the care of family members, friends or foster carers until their 18th birthday.
Until now, legal aid was only available in Special Guardianship cases involving a local authority which was applying to remove a child from their birth parents. The new funds will allow family members access to legal aid for advice and representation by a solicitor in court. Such cases can be complicated and emotionally draining for the participants, and being able to seek professional advice will help to provide the best solution for the long-term well-being of children. Parents of vulnerable children will also have access to the funding for support and advice in cases where they are opposing Special Guardianship Orders and seeking to keep their child within the family home.
Summing up the new plans Justice Minister Lord Bellamy said: “Providing a stable, loving home for a vulnerable child in need is an utterly selfless act and it is right we provide families with the vital support they need – particularly in the most complex and emotive of cases. We are investing millions of pounds every year to make sure criminal and civil legal aid support can reach those who need it most.”
However applications for legal aid in these cases are means tested and, often, grandparents and other relatives do not qualify because they either have pension income or assets – including owning their own property – which exclude them from eligibility. So this change may not benefit a large proportion of families who desperately need sensible legal advice and representation.
Legal Advice Starts with a Free Consultation
If you and your family are experiencing social services’ intervention or, you are a Kinship Carer and need legal support, we can help. Our team of expert child law solicitors are here to assist you and we start by offering a free telephone consultation. The telephone consultation can be used to;
- Discuss your circumstances.
- Establish if you would benefit from legal support.
- Provide initial advice on the likelihood of you qualifying for Legal Aid.
Find out more: Parents’ Rights against Social Services (UK)
The Children Law department at Bretherton Law have been helping families in Hertfordshire for over 50 years, offering professional, experienced and sympathetic advice to those in need. We are proud to be accredited by the Law Society in Children Law, and are members of Resolution, the organisation representing family lawyers and other professionals in the field.
