Legal Aid Help Please

Legal Aid Help Please

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Discussion

christmc

Original Poster:

452 posts

244 months

Monday 7th June 2010
quotequote all
Does anyone know what the criteria is for someone to recieve legal aid?

The story in brief:

One of my staff has approached me to ask if i can reduce his wages to help him get legal aid which I clearly refused to do but I would of thought he was eligable with his current circumstances anyway. He is embroyled in a custody battle to try to gain custody of his grandchild because his daughter is a drug addict and unfit.He has already adopted her other child but believe it or not social services are trying to keep the remaining child with the mother despite repeated drug relapses and criminal behavior.

So he has told me he is going to need legal aid to persue the case in court :Fine ok

But i pay him circa 20k per annnum salary for 45 hours per week he has a house and wife and child to maintain so i would imagine he doesnt have much left to live off anyway.

He has told me he would need to earn as little as £650 per month to be eligable for legal aid but surely legal aid is measured on your income vs expenses?

I am not prepared to engage in any type of fraudulent behavior but i would like to try to advise the guy where possible. He is a bloody hard worker and has been through hell trying to protect his grandchildren.

Could anyone offer a little advice on the legal aid? ( Please can we avoid going off topic with custody opinions ,cheers )



Phooey

12,769 posts

175 months

Monday 7th June 2010
quotequote all
Can't offer much really but have you tried the legal aid calculator? I do believe if his wife is working they will take her income into account too - the same as any joint savings.


http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_40...

RichyBoy

3,741 posts

223 months

Monday 7th June 2010
quotequote all
From what I remember from law school entitlement if in receipt of income support or disposable income not exceeding £611 per month. Also Not available if individuals disposable capital exceeds 3k. Must add income and capital resources of client's partner is well. Not much help sorry, hopefully someone who is up to date with this law will come along.

Edited by RichyBoy on Monday 7th June 21:56

christmc

Original Poster:

452 posts

244 months

Tuesday 8th June 2010
quotequote all
Thanks chaps ,, So if for example his wife is on benefits or income support he wouldnt be eligable? Have i understood that correctly?

Cheers