AQW 28913/17-22


Ms Claire Sugden
Independent
East Londonderry


Tabled Date: 28/01/2022
Answered On Date: 09/02/2022
Priority Written: No


Question:
To ask the Minister of Justice to detail what steps she is taking to ensure that middle-income households not claiming benefits are able to access affordable legal counsel, such as Legal Aid.


Answer:
The legal aid budget is finite and it is important that it is targeted at those in greatest need. Criminal legal aid is granted by the Courts and this is subject to a statutory test which considers the means of the person before the Court and whether it is in the interest of justice that the person should have legal aid. There is no set limit above which legal aid may not be granted.
For most civil cases, the grant of legal aid is subject to a means test and a merits test to ensure legal aid is available for the most deserving cases and for those who cannot afford to pay for their legal needs.
Some matters have such serious consequences however that legal aid can be granted to all, regardless of the individual’s financial resources. This applies, for example, to representation for parents of children in applications for a Care Order or to free their child for adoption. This is also the case where liberty is at issue, for example for applications before the Review Tribunal under the Mental Health (Northern Ireland) Order 1986 and also for advice and assistance to those who have been arrested, are in a police station and need a lawyer.
For these matters which are specifically exempted in the applicable legislation, anyone, regardless of means can get legal aid.
In other areas legal aid may be granted to those who would normally fall outside the financial eligibility thresholds. For example, there is a discretionary waiver to make legal aid available for non-molestation orders for those who fall outside the financial limit for legal aid, and I intend soon, subject to Department of Finance approval, to introduce a waiver for victims of domestic abuse to respond to Article 8 Children Order proceedings brought by their abuser. While those who benefit under the waiver may still have to make a contribution this should prove much less costly than privately funding the proceedings.
For other cases, for example claims for damages, in order to ensure scarce resources are utilised by those who need it most, a means test applies. Some people will not be able to access legal aid due to their levels of disposable income or capital. Subject to those matters mentioned already, those with a weekly disposable income of £234 or a disposable capital of £3000 will not be eligible for representation in the lower courts and the disposable income limits in the higher courts are £10,955 in personal injury cases/ £9,937 in other cases and the disposal capital limits are £8,650 in personal injury cases and £6,750 in other cases. The applicable legislation sets out what things may be deducted from earnings to arrive at the disposable figures.
It should be noted that the Director of Legal Aid Casework and his staff can exercise discretion to disregard income and capital in applications for legal aid in the higher courts.