Written Ministerial Statement by Edward Timpson (Minister for
Vulnerable Children and Families) At the Commons Committee stage
for the Children and Social Work Bill, I agreed to investigate
whether there were any gaps in the legal aid eligibility for
parents where the local authority was applying for an adoption
placement order for their child. My officials and officials from
the Ministry of Justice have investigated this, and found that
there are a very small group of parents who are...Request free trial
Written Ministerial Statement by (Minister for Vulnerable
Children and Families)
At the Commons Committee stage for the Children and Social Work
Bill, I agreed to investigate whether there were any gaps in the
legal aid eligibility for parents where the local authority was
applying for an adoption placement order for their child.
My officials and officials from the Ministry of Justice have
investigated this, and found that there are a very small group of
parents who are at risk of having their child permanently removed
via an adoption placement order, but who are not entitled to
non-means and non-merits tested legal aid to challenge this
decision in the courts. This is because the Regulations which
define ‘parents’ (or those with ‘parental responsibilities’) say
that free legal aid must be given for parents going through ‘care
proceedings’. Most adoption placement order decisions are made
within wider care proceedings. But a small number of adoption
placement order applications are made on their own.
I have discussed these issues with Sir QC MP, Minister of State,
Ministry of Justice. The Ministry of Justice holds responsibility
for the legal aid budget, and has agreed to make a change to the
eligibility rules.
The change will ensure that all parents who are subject to any
court proceedings which could result in their child being placed
for adoption will now be entitled to non-means and non-merits
tested legal aid, so that they can access appropriate legal
representation in all cases.
These changes will come into effect later this year.
