My Lords, this statutory instrument will, again, expand the civil legal aid scheme, this time making civil legal aid available in two new areas of family law and in certain domestic abuse proceedings. The instrument also makes a change of a technical nature to the means and merits test in certain family cases, and as regards the evidence requirements for victims of domestic abuse as a result of new areas being brought into scope of the civil legal aid scheme.
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In outline, there are four topics covered by the order. The first is special guardianship orders, under new paragraph 1A inserted by Article 4(2). A special guardianship order is a court order that allows parental control over a child by individuals other than the parent—for example, a long-term foster carer or grandparent. Currently, SGOs, as they are known, in private family proceedings are not within the scope of civil legal aid. The primary purpose of this instrument is to bring SGOs in private family law proceedings within the scope of the legal aid scheme. That is its first change.
Secondly, Article 4(3) of the statutory instrument will expand the availability of civil and criminal legal aid to reflect new protective orders and notices introduced by the Domestic Abuse Act 2021. A domestic abuse protection notice or a domestic abuse protection order will effectively replace, and is wider than, the existing non-molestation orders—which are known as “non-mols”. Those orders will, for example, include the ability to order a tagging order or to attend a change of behaviour programme. They have various other more flexible provisions that supersede the current regime of non-molestation orders. Those new orders will be piloted nationally in the near future. There is currently no existing provision for legal aid for such orders, so this instrument introduces legal aid for them.
Thirdly, the instrument amends the means and merits tests for parents contesting a placement and/or adoption order. Currently, the means and merits tests differ depending on whether a placement or adoption order is sought within care proceedings or not. It is a simple inconsistency in the regulations and this small amendment brings the situation under one umbrella to allow those who are at risk of having their child permanently removed to be legally represented, regardless of whether the order is sought within care proceedings. This is a technical change in the instrument to rectify that unintentional difference.
Fourthly and finally, with Article 7(3)(b) we are updating the evidence requirements for victims of domestic abuse. One of the types of evidence that a victim of domestic abuse can provide is a letter from their medical practitioner after they have had a face-to-face appointment. This instrument will also allow medical practitioners to provide a letter as evidence of domestic abuse after a telephone or videoconferencing appointment. That provision will be reviewed after a year to make sure that it is working in practice and has not had any unintended effects. That is the outline scope of this statutory instrument.