Legal aid for pensioner

searcher30

What is available for a pensioner on 110 per week regarding legal aid and needs to get a divorce sorted out?

Your opinions and views will be gratefully appreciated

Tahiti

I'd get in touch with the local Citizens Advice Bureau. They should be able to tell you what you're entitled to as welll as providing you with some background help.

margaretclare

Hi

I think this is the kind of thing that Legal Aid will cover. You need a family lawyer who deals with this kind of thing all the time. CAB will have a list of them, or just look in Yellow Pages.

Remember after a divorce you need to change your will.

Aunty Margaret

Bossyboots

Hi searcher30, as part of my job I do legal aid calculations every day so hopefully I can help.

If the pensioner is definitely only receiving £110 per week income and nothing from any other source they they would be entitled to all levels of legal aid in family proceedings (divorce and financial) in respect of their income. This would mean they could see a solicitor under the Legal Help scheme for initial advice and the actual divorce. If they then need to go on to settle the finances and this can't be agreed they would qualify for a full Certificate of Public Fundings.

Their income however includes any interest from savings or share, in fact any income at all except for a few benefits.

Also, if they have savings these will be taken into account and over a certain amount (I haven't got the figures to hand but if she has savings and you want me to work it out further, let me know how much is involved) as will any assets she has unless these would fall to be property subject to division in the ancillary proceedings.

Sometimes a contribution is payable either from capital or income and again, this depends on the financial assessment but would not be the case in respect of income at the figure quoted. There are other issues for those with higher income but I don't propose to put that all here if the income is as stated or just a bit above.

All applications for a full certificate are subject to a merits test as well as a means test but it is unusual for it to be refused in ancillary relief proceedings unless it is clear that the parties could settle everything under the legal help scheme or otherwise without recourse to expenditure from the public purse. As a consent order, at the least, is required on completion of the divorce to avoid future claims against each other, it would rarely be practical for funding to be refused but the parties will have to be referred for mediation before the application is made. Mediation can be a useful tool where there is little to be divided but many couples simply cannot or will not agree the mediator's suggestions.

If public funding is awarded for financial matters, the legal fees will have to be paid back from the settlement but employing a solicitor at legal aid rates is considerably cheaper than paying privately.

searcher30

Bossyboots wrote:

Hi searcher30, as part of my job I do legal aid calculations every day so hopefully I can help.

If the pensioner is definitely only receiving £110 per week income and nothing from any other source they they would be entitled to all levels of legal aid in family proceedings (divorce and financial) in respect of their income. This would mean they could see a solicitor under the Legal Help scheme for initial advice and the actual divorce. If they then need to go on to settle the finances and this can't be agreed they would qualify for a full Certificate of Public Fundings.

Their income however includes any interest from savings or share, in fact any income at all except for a few benefits.

Also, if they have savings these will be taken into account and over a certain amount (I haven't got the figures to hand but if she has savings and you want me to work it out further, let me know how much is involved) as will any assets she has unless these would fall to be property subject to division in the ancillary proceedings.

Sometimes a contribution is payable either from capital or income and again, this depends on the financial assessment but would not be the case in respect of income at the figure quoted. There are other issues for those with higher income but I don't propose to put that all here if the income is as stated or just a bit above.

All applications for a full certificate are subject to a merits test as well as a means test but it is unusual for it to be refused in ancillary relief proceedings unless it is clear that the parties could settle everything under the legal help scheme or otherwise without recourse to expenditure from the public purse. As a consent order, at the least, is required on completion of the divorce to avoid future claims against each other, it would rarely be practical for funding to be refused but the parties will have to be referred for mediation before the application is made. Mediation can be a useful tool where there is little to be divided but many couples simply cannot or will not agree the mediator's suggestions.

If public funding is awarded for financial matters, the legal fees will have to be paid back from the settlement but employing a solicitor at legal aid rates is considerably cheaper than paying privately.

Thank you for your answer bossyboots.

I have heard that legal aid solicitors are not as bothered as those on bigger money. Anyone know anything about this?
If there is negligence can one do anything about this?
Thanks in advance.

Bossyboots

searcher30 wrote:

Thank you for your answer bossyboots.

I have heard that legal aid solicitors are not as bothered as those on bigger money. Anyone know anything about this?
If there is negligence can one do anything about this?
Thanks in advance.

It is not my experience that legal aid solicitors are not as bothered as those on bigger money. It is certainly true that there is little incentive to take on legal aid clients because of the low rates of pay but it is definitely not my experience that they are not as bothered. What you have to remember is that with legal aid, the solicitor is guaranteed to get 100% of their fees paid albeit at a lower rate. The only way anything gets knocked off is if they have billed excessively or done work not covered by the certificate. With privately paying clients, you can end up £100's if not £1000's out of pocket if they do not pay their final bill.

People on legal aid are usually on benefits or low income and I find that on the whole solicitors dealing with their cases are sympathetic to their predicament regardless of the hourly rate being paid. A poor solicitor can be a poor solicitor, regardless of how they are being funded.

Also, solicitors on legal aid are subject to much stricter external auditing by the commission running the scheme. Failure to meet the strict criteria set down can result in the franchise being pulled and potentially leaving a firm with no source of income and having to close. Firms who are not giving clients an adequate level of care and conduct will therefore be picked up on it and weeded out.

I would also point out, that a firm is not allowed to act on a privately paying basis for someone who would be entitled to legal aid and every solicitor is obliged to check their client's financial status before acting and refer them elsewhere if that is appropriate.

As for negligence, there is a complaints procedure, initially through the firm itself and if that is not resolved then through the Solicitors Complaints Commission (I think that is what it is now called, I can check the details properly if you need them).

Pal

Given that this is not really a pension question, I am moving this to a board where you might get more responses.