Government to pursue controversial 'residence test' for children's legal aid

Under the so-called “residence test” policy, financial help towards the cost of court proceedings can only be claimed if a person – either an adult or a child – has been legally resident in the UK for more than 12 months.

In June, the Joint Committee on Human Rights called on government to scrap the test, warning that it could result in children being unrepresented in court cases.

But responding to the report, the government said it remains intent on implementing the policy.

"We continue to believe that in principle, individuals should have a strong connection to the UK in order to benefit from the civil legal aid scheme,” the response states.

"The test introduces requirements based on current and past lawful residence.

"We believe that the residence test we proposed is a fair and appropriate way to demonstrate that an individual has a strong connection to the UK and we consider that this test should apply equally to adults and children.”

The government also argued that there are other forms of help that children will be able to receive if they fail the residence test – such as from voluntary organisations.

It added that it is "entirely satisfied that the residence test would not constitute discriminatory treatment" within the scope of the United Nations Convention on the Rights of the Child.

The residence test had been due to come into effect on 4 August, but the Ministry of Justice (MoJ) was forced to postpone introduction following a High Court ruling in July.