In April last year the government consulted on plans for a second round of cuts to legal aid and in early September the Ministry of Justice announced that it would proceed with its proposed "residence test" for civil legal aid. Despite some minor concessions, serious concerns remain about how this policy will impede children and young people's ability to enforce their rights.
The test
The proposed residence test will make everyone's access to legal aid in civil law matters dependent on producing evidence to prove that they are lawfully resident in the UK and that they have been lawfully resident for at least 12 months at some point in the past. Just as someone going to a legal aid lawyer for assistance has to, under the current rules, pass a means test to show that they are financially eligible, if the residence test comes in they will also have to show evidence of their immigration status and past residence in the UK.
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