As many will know, legal aid for many civil cases which include disputes about the living arrangements for children has been severely curtailed in the last 12 months. The government has recently proposed that the availability of legal aid should be reduced further by bringing in a residency test such that legal aid will not be available at all for people who have not been in this country for at least a year, save for a small number of exceptions. This proposal has been challenged in the High Court and found to be discriminatory and the method by which the government proposed to bring in such new provisions unlawful.
The court commented that it is unjust for “those who have a better than 50% chance of success but cannot afford legal representation or advice in order to vindicate their rights, within a category of greatest need, are to be refused legal aid because they lack a sufficient connection to the state to whose laws they are subject” as well as saying that within the current legislation “the UK is not permitted to discriminate against non-residents on the grounds that to so might save costs”.
The government will have to take stock of this court ruling before taking any further action to bring in a residency test.
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