The Civil Legal Aid (Procedure) Regulations 2012

Regulation 33 (2)

[F1 SCHEDULE 1 E+W Supporting documents: domestic violence

Textual Amendments

F1 Sch. 1 inserted (8.1.2018) by The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017 (S.I. 2017/1237), regs. 1(2), 2(5), Sch. (with reg. 3)

1.   Evidence that B has been arrested for a relevant domestic violence offence. E+W

2.   A relevant police caution for a domestic violence offence. E+W

3.   Evidence of relevant criminal proceedings for a domestic violence offence which have not concluded. E+W

4.   A relevant conviction for a domestic violence offence. E+W

5.   Evidence of a court order binding over B in connection with a domestic violence offence. E+W

6.   A domestic violence protection notice issued under section 24 of the Crime and Security Act 2010 against B. E+W

7.   A relevant protective injunction. E+W

8.   An undertaking given in England and Wales under section 46 or 63E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of a protective injunction) by B provided that a cross-undertaking relating to domestic violence was not given by A. E+W

9.   A copy of a finding of fact, made in proceedings in the United Kingdom, that there has been domestic violence by B. E+W

10.   An expert report produced as evidence in proceedings in the United Kingdom for the benefit of a court or tribunal confirming that a person with whom B is or was in a family relationship, was assessed as being, or at risk of being, a victim of domestic violence by B. E+W

11.   A letter or report from an appropriate health professional confirming that that professional, or another appropriate health professional— E+W

(a) has examined A in person [F2 , by telephone or by video conferencing]; and

(b) in the reasonable professional judgement of the author or the examining appropriate health professional A has, or has had, injuries or a condition consistent with being a victim of domestic violence.

Textual Amendments

F2 Words in Sch. 1 para. 11(a) inserted (1.3.2023) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(1), 7(3)(b)

12.   A letter or report from— E+W

(a) the appropriate health professional who made the referral described below;

(b) an appropriate health professional who has access to the medical records of A; or

(c) the person to whom the referral described below was made;

confirming that there was a referral by an appropriate health professional of A to a person who provides specialist support or assistance for victims of, or those at risk of, domestic violence.

13.   A letter from any person who is a member of a multi-agency risk assessment conference (or other suitable local safeguarding forum) confirming that A, or a person with whom A is in a family relationship, is or has been at risk of harm from domestic violence by B. E+W

14.   A letter from an independent domestic violence advisor confirming that they are providing [F3 , or have provided,] support to A. E+W

Textual Amendments

F3 Words in Sch. 1 para. 14 inserted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(a) (with reg. 10)

15.   A letter from an independent sexual violence advisor confirming that they are providing [F4 , or have provided,] support to A relating to sexual violence by B. E+W

Textual Amendments

F4 Words in Sch. 1 para. 15 inserted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(b) (with reg. 10)

16.   A letter from an officer employed by a local authority or housing association (or their equivalent in Scotland or Northern Ireland) for the purpose of supporting tenants containing— E+W

(a) a statement to the effect that, in their reasonable professional judgment, a person with whom B is or has been in a family relationship is, or is at risk of being, a victim of domestic violence by B;

(b) a description of the specific matters relied upon to support that judgment; and

(c) a description of the support they provided to the victim of domestic violence or the person at risk of domestic violence by B.

17.— (1) A letter from an organisation providing domestic violence support services. E+W

(2) The letter must confirm that it—

(a) is situated in [F5 the United Kingdom];

(b) has been operating for an uninterrupted period of six months or more; and

(c) provided A with support in relation to A’s needs as a victim, or person at risk, of domestic violence.

(3) The letter must contain—

(a) a statement to the effect that, in the reasonable professional judgment of the author of the letter, A is, or is at risk of being, a victim of domestic violence;

(b) a description of the specific matters relied upon to support that judgment;

(c) a description of the support provided to A; and

(d) a statement of the reasons why A needed that support.

Textual Amendments

F5 Words in Sch. 1 para. 17(2) substituted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(c) (with reg. 10)

18.   A letter or report from an organisation providing domestic violence support services in the United Kingdom confirming— E+W

(a) that a person with whom B is or was in a family relationship was refused admission to a refuge;

(b) the date on which they were refused admission to the refuge; and

(c) they sought admission to the refuge because of allegations of domestic violence by B.

19.   A letter from a public authority confirming that a person with whom B is or was in a family relationship, was assessed as being, or at risk of being, a victim of domestic violence by B (or a copy of that assessment). E+W

20.   A letter from the Secretary of State for the Home Department confirming that A has been granted leave to remain in the United Kingdom [F6 as a victim of domestic violence]. E+W

Textual Amendments

F6 Words in Sch. 1 para. 20 substituted (15.5.2020) by The Civil Legal Aid (Procedure) (Amendment) Regulations 2020 (S.I. 2020/439), regs. 1, 8(d) (with reg. 10)

21.   Evidence which the Director is satisfied demonstrates that A has been, or is at risk of being, the victim of domestic violence by B in the form of abuse which relates to financial matters. E+W

22.   For the purpose of this Schedule— E+W

“A” means the applicant for civil legal services;

“appropriate health professional” means—

(a)

a medical practitioner licensed to practise by the General Medical Council; or

(b)

a health professional who is registered to practise in the United Kingdom by—

(i)

the Nursing and Midwifery Council;

(ii)

the General Dental Council; or

(c)

a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council;

“B” means the individual with whom A was in a family relationship giving rise to the need for the civil legal services that are the subject of the application;

“domestic violence offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;

“expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

“housing association” has the same meaning as in subsection 1(1) of the Housing Associations Act 1985;

F7 ...

“local authority” means a county council, a district council, a London borough council or a parish council but, in relation to Wales, means a county council, county borough council or community council;

“protective injunction” means an order made by the court—

(a)

in respect of persons who are in a family relationship with each other, containing any of the following provisions—

(i)

protecting a person from harm, intimidation, threats or harassment;

(ii)

protecting a person from being forced into a marriage or from any attempt to be forced into a marriage;

(iii)

prohibiting a person from contacting, or communicating with, another;

(iv)

concerning entry or access to, or the use or occupation of, property;

(b)

for the protection from female genital mutilation under paragraph 1 or 18 of Schedule 2 to the Female Genital Mutilation Act 2003; or

(c)

in respect of a violent offender within the meaning of section 98 of the Criminal Justice and Immigration Act 2008;

but does not include an order made without notice to the respondent that was subsequently set aside by the court;

“public authority” has the same meaning as in section 6 of the Human Rights Act 1998;

“refuge” means—

(a)

a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic violence; or

(b)

a residential home established and maintained by a public body for any other purpose that also provides accommodation to the victims of, or those at risk of, domestic violence;

“relevant” means that the evidence—

(a)

identifies a person with whom B is or was in a family relationship as being, or at risk of being, the victim of domestic violence; or

(b)

is-

(i)

in a form described in paragraphs 1 to 4 of this Schedule;

(ii)

identifies B as the person arrested for, cautioned with, charged with, or convicted of the domestic violence offence; and

(iii)

relates to a domestic violence offence which does not identify the victim.]

Textual Amendments

F7 Words in Sch. 1 para. 22 omitted (1.3.2023) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(1), 7(3)(c)