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The Lilypad blog is usually a fun, engaging and generally "fluffy" place but sometimes important issues are shared. With most of our readers having families, family law is important to us all. We are therefore delighted to share the following  information from Irwin Mitchell.

If you’re dealing with a family-related legal issue, it’s important to keep apprised of the recent changes that have been made in family law. Under the new Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, public aid has been cut for many family-related legal issues. Find out what you need to know about these recent changes in the following article:

1)    The LASPO bill does not affect those currently receiving aid.

The new LASPO bill took effect on April 1 of this year. As such, if you applied for (and were granted) legal aid by the March 31 deadline, you will not be immediately affected by the new bill. However, it is important to be aware that if your current aid runs out or your means change, you may be assessed under the new rules (see below) and end up having to pay out-of-pocket for legal fees. 

2)    New applicants may have to take a means test to determine eligibility.

As for the rest of us, the new LASPO bill promises to drastically change the legal aid system forever. Under the new bill, only those with a household income of £32,000 or less will be eligible to receive public aid in family law cases such as divorce proceedings and child custody battles. Those who earn between £14,000 and £32,000 will be asked to take a means test to determine eligibility.

3)    Legal aid for divorce cases that involve domestic abuse will remain in-tact.

Fortunately, legal aid will continue to be made available to victims of domestic abuse or violence who are seeking a separation or divorce. However, they will need to prove evidence of domestic violence in order to receive aidhich will inevitably mean that many will be left without protection. Police reports or a letter from a domestic violence organisation or GP may be considered in determining eligibility. Others who may continue to be eligible to receive aid include those who are already in mediation or are applying for an injunction. 

4)    Disability, benefit, and welfare entitlement are affected by LASPO.

As well as divorce and custody-related cases, changes to disability, benefit, and welfare entitlement have been made under the new LASPO bill. Instead of keeping with the rate of inflation, welfare benefits will rise by only 1% per year. Beginning April 15, there will also be a cap placed on welfare benefits, and disability living allowance will be replaced with the personal independence payment (PIP). 

5)    Legal aid for medical negligence cases will be limited.

Under the new LASPO bill, legal aid for medical negligence cases will suffer major cuts. Only families with children who have suffered neurological damage during their mother’s pregnancy, the birthing process, or in the first eight weeks of life will be eligible to receive aid. This paints a bleak future for a variety of other claimants, including those who have suffered from misdiagnoses and botched operations; they will likely have to turn to “no win no fee” agreements to pursue claims.