Public funding in care proceedings


Produced in partnership with Claire Cousin of Dodds Solicitors LLP
Practice notes

Public funding in care proceedings


Produced in partnership with Claire Cousin of Dodds Solicitors LLP

Practice notes
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Public funding in care proceedings is provided for parties by the Legal Aid Agency (LAA) who are an executive agency of the Ministry of Justice (MOJ).

Public funding involves the relevant party’s solicitor applying for and being granted by the LAA, a legal aid certificate. Once granted, the legal aid certificate allows the solicitor to undertake work on behalf of the publicly funded client with the solicitor’s costs and disbursements being reimbursed by the LAA at the conclusion of the case.

Who is eligible for public funding in care proceedings?

The following are automatically eligible for public funding in an application by a local authority for a care or supervision order without having to satisfy a means or merits test:

  1. •

    biological parents of the subject children of the care proceedings

  2. •

    persons who hold parental responsibility for the subject children (for example through child arrangements order, special guardianship order, step-parent parental responsibility order or adoption order)

  3. •

    children who are the subject of the proceedings

Other persons who are connected to the

Claire Cousin
Claire Cousin

Dodds Solicitors LLP

Claire is a solicitor who specialises in representing and advising parents, children and young people, extended family members and local authorities in relation to public family law. Claire's expertise particularly focuses on care proceedings and has experience of complex cases relating to non accidental injury and death, sexual abuse, substance misuse, mental health issues, forced marriage, parental alienation, neglect and domestic abuse. Claire has been a member of the Law Society's Children Panel Accreditation Scheme since 2013.

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Jurisdiction(s):
United Kingdom
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Key definition:
Fund definition
What does Fund mean?

Includes any estate or property held for the benefit of any person or class of person and any fund to which a trustee or representative'>personal representative is entitled in that capacity

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