Cecily Zamora
Stephensons Solicitors LLP is a leading full-service law firm that has provided legal advice for almost 35 years. The firm has over 250 staff based in offices across the UK and is the largest provider of legal aid in the North West. While legal aid is unavailable for some areas of law, Stephensons Solicitors LLP can help you determine if you are eligible for legal aid for your family law case. For example, if social services are applying for a care order, supervision order, or emergency protection order in relation to your children, legal aid is always automatically available. Stephensons Solicitors LLP can also help you apply for legal aid for an exceptional case.
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What You'll Learn
- Legal aid may be available in cases involving social services and children
- Exceptional cases may qualify for legal aid
- Legal aid is available to all parents if social services issue proceedings
- Stephensons Solicitors LLP has won awards for its legal aid work
- Legal aid cuts could affect access to justice for vulnerable people
Legal aid may be available in cases involving social services and children
If you are involved in a case with social services, you may be entitled to legal aid. If social services are involved at a stage known as "pre-proceedings" or if they issue proceedings, legal aid is available to all parents in these circumstances.
Legal aid is always automatically available when social services apply for a care order, supervision order, or emergency protection order in relation to your children. It may also be available to extended family members but will depend on their eligibility.
In some cases of child protection, you do not need a means assessment to receive legal aid. "Public Law" cases are automatically eligible for legal aid. This is when a local authority has concerns about a child's safeguarding and has started an investigation or made a court application. In these cases, legal aid is often available to parents or carers with parental responsibility, regardless of their financial situation.
If you were abused or suffered harm while in the care of social services, or if the neglect of a social worker contributed to your harm, you might be able to make a compensation claim. Speak to a solicitor to find out if you can sue social services.
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Exceptional cases may qualify for legal aid
In some cases, you may be able to apply for legal aid for an exceptional case. This is known as exceptional funding. You will need to show that being refused legal aid would infringe upon your convention rights within the meaning of the Human Rights Act 1998, or any enforceable EU rights to legal services that you may have. Exceptional funding may also be granted if it is deemed appropriate given the specific circumstances of your case.
Stephensons Solicitors LLP is an experienced firm that has dealt with complex legal matters for over 40 years. They have over 250 staff based across the country, with seven offices in Wigan, Leigh, Bolton, Manchester and St Helens. They are a leading full-service law firm and the largest provider of legal aid in the North West, with one of their lawyers, Mike Devlin, winning the Legal Aid Lawyer of the Year award at the Manchester Legal Awards.
Stephenson Solicitors LLP can provide advice over the phone or via video conference. They can also arrange face-to-face meetings by appointment. Their initial discussion is free of charge, and they pride themselves on being transparent about their fees. While they may not be able to offer free advice, their business advisors can discuss your enquiry, outline your options, and confirm costs.
If your case involves social services, it is vital to seek legal advice as soon as possible. Social services will often notify you of their involvement with a 'letter before proceedings', and it is important to be represented by someone who understands the legal process. Legal aid is always automatically available if social services are applying for a care order, supervision order, or emergency protection order in relation to your children. It may also be available to eligible extended family members.
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Legal aid is available to all parents if social services issue proceedings
If social services are involved with your children and family, a specialist solicitor can give expert legal advice and liaise with the services on your behalf. Legal aid is available to all parents if social services issue proceedings. This is also the case if social services are at the pre-proceedings stage.
Legal aid is the use of public funds to help pay for legal advice, family mediation, and court or tribunal representation. The Legal Aid Agency is in charge of providing both civil and criminal legal aid in England and Wales. The solicitor must apply for funding from the Legal Aid Agency. If your application is approved, the Legal Aid Agency will issue a legal aid certificate outlining the amount of money you can spend on your case and the type of legal aid you have been granted.
There are usually three considerations for legal aid: scope, means test, and merits test. Scope refers to whether your case is eligible for legal aid. The means test assesses an applicant's financial eligibility, though some cases of child protection do not need a means assessment. The merits test (for civil legal aid) assesses the merits of the case, including the likelihood of success, the reasonableness of costs, and the benefit to the client.
If social services are applying for a care order, supervision order, or emergency protection order in relation to your children, legal aid is automatically available. It may also be available to extended family members but will depend on their eligibility in terms of means and the strength of their case.
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Stephensons Solicitors LLP has won awards for its legal aid work
As one of the largest providers of legal aid in the North West, and among the top three in England and Wales, Stephensons has acted in nearly 10,000 legal aid cases in a year. The firm's dedication to legal aid is evident through its long-standing provision of legal advice funded by legal aid for almost 35 years.
Stephensons' award-winning status is underscored by its ranking as a top 150 law firm in the UK. With over 250 staff across the country and a team of more than 350 people, the firm offers a broad range of first-class legal services to both businesses and individuals.
The firm's family law team is particularly noteworthy, comprising experienced solicitors who are well-versed in handling complex cases involving social services and public law matters. Stephensons' solicitors are adept at navigating the intricacies of care orders, supervision orders, and emergency protection orders, ensuring their clients receive the support and representation they need.
In addition to its family law prowess, Stephensons has also been recognised for its work in other areas. The firm has reported a zero gender pay gap in the lower two pay quartiles and a less than 3% gap in the top two quartiles, demonstrating its commitment to equality and diversity. Stephensons has also supported The Brick, a Greater Manchester charity, in securing permanent housing for those facing poverty and homelessness.
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Legal aid cuts could affect access to justice for vulnerable people
Legal aid cuts have had a profound impact on vulnerable people's access to justice, particularly affecting women, survivors of domestic and sexual abuse, and asylum seekers. The Legal Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO), which came into effect in 2013, excluded certain areas of the law from legal aid, and the number of people seeking legal advice dropped by nearly 90% between 2009-2010 and 2013-2014.
The Ministry of Justice's equality impact assessment predicted that women would be disproportionately impacted by the changes, and a 2023 report by the Women's Budget Group confirms this. The report highlights how cuts to the civil legal aid budget have left vulnerable women without the necessary support to tackle discrimination, violence, and housing insecurity. Employment, housing, social security, and immigration issues are among the most common concerns for women seeking legal assistance.
In the United States, the Legal Services Corporation (LSC) has faced funding cuts that impair its ability to serve low-income Americans facing critical issues such as evictions, veterans' benefits, and domestic violence. The proposed House FY 2025 budget cut would reduce LSC funding by $71 million, resulting in 272,248 fewer low-income individuals receiving legal assistance. This includes turning away 117,883 children, 24,503 survivors of domestic violence, and 4,924 veterans.
While legal aid cuts have had a significant impact on access to justice, it is important to note that legal aid is still available in certain family law cases. For instance, if social services are involved due to concerns about a child's welfare, legal aid is automatically provided to parents. Additionally, in exceptional cases, individuals may be able to apply for legal aid if they can demonstrate that being refused would infringe upon their convention rights or enforceable EU rights.
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Frequently asked questions
Yes, Stephensons Solicitors LLP provides legal aid for family law. As the largest provider of legal aid in the North West, and in the top three in England and Wales, Stephensons Solicitors LLP has acted in almost 10,000 legal aid cases in the last 12 months.
You can contact Stephensons Solicitors LLP by calling 01616 966 229 or by completing their online enquiry form.
Stephensons Solicitors LLP does not offer free advice, but the initial discussion is free. The firm prides itself on transparency regarding its fees, which are reviewed regularly in line with industry standards.
Stephensons Solicitors LLP is a leading full-service law firm with over 40 years of experience dealing with complex legal matters. The firm has been described as "transparent" and "experienced" by its clients. It has also received awards for its work in the legal aid sector.
Without legal aid, vulnerable people in the community may not be able to access justice. Adults will be affected by disputes that rumble on longer than necessary, but it is the children who suffer the most.
