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Legal Update: Legal aid for children at risk

Kelly Reeve, team leader and senior legal consultant for the Child Law Advice Service, considers the legal aid rules for children at risk of abuse and examines how the law leaves this group more vulnerable to harm.

In February 2016 Rights of Women successfully challenged the use of the Legal Aid, Sentencing and Punishment of Offenders Act regulations 2014 to introduce restrictive criteria for legal aid eligibility for victims of domestic violence. Under the old criteria, a person would only qualify for legal aid for a private family law matter if they had evidence of domestic violence or a risk of child abuse dated within the last 24 months. Examples of evidence included a formal police caution or conviction for a relevant offence, a protective injunction, or a letter from a relevant professional confirming domestic violence or abuse, as long as they were dated in the last 24 months.

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