Abuse of child or vulnerable adultE+W
3(1)Civil legal services provided in relation to abuse of an individual that took place at a time when the individual was a child or vulnerable adult, but only where—E+W
(a)the services are provided to the individual, or
(b)the individual has died and the services are provided—
(i)to the individual's personal representative, or
(ii)for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual's dependants.
General exclusions
(2)Sub-paragraph (1) is subject to—
(a)the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 8 and 12 of that Part, and
(b)the exclusion in Part 3 of this Schedule.
Specific exclusions
(3)The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
(4)The services described in sub-paragraph (1) do not include services provided in relation to a matter arising under a family enactment.
Definitions
(5)In this paragraph—
“abuse” means physical or mental abuse, including—
(a)sexual abuse, and
(b)abuse in the form of violence, neglect, maltreatment and exploitation;
“child” means a person under the age of 18;
“clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);
“family enactment” has the meaning given in paragraph 12;
“personal representative”, in relation to an individual who has died, means—
(a)a person responsible for administering the individual's estate under the law of England and Wales, Scotland or Northern Ireland, or
(b)a person who, under the law of another country or territory, has functions equivalent to those of administering the individual's estate;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from abuse is significantly impaired through physical or mental disability or illness, through old age or otherwise.