Purpose
This checklist sets out what you should provide to allow us to make a decision without requesting further information. It is not an exhaustive list, as it cannot cover every eventuality. You should read it alongside the merits criteria regulations and the Lord Chancellor’s Guidance.
Injunction proceedings
Set out the history of previous incidents together with the most recent that have led to the current application. If there has been a delay in seeking an injunction, explain why that is the case and why you consider the court will still make an order.
Address the question of proportionality. Explain why alternatives such as sending a warning letter or notifying the police are not appropriate. If the police have been notified, explain why insufficient protection is currently in place. If acting for the respondent, set out:
- a detailed response to the allegations (a blanket denial is insufficient)
- any effect an order will have on other matters between the parties, for example child arrangements
- why the matter cannot be settled by way of an undertaking
Private law children and finance proceedings
Ensure you have relevant domestic abuse or child protection evidence to bring the proceedings into scope for legal aid. If acting for the applicant in the proceedings, upload correspondence with the other side or their solicitors with a view to settling matters. If acting for the respondent, upload:
- the application made by the applicant
- any orders made to date
- any expert or CAFCASS report (if applicable)
In finance proceedings, set out details of the assets in dispute. In trust of land proceedings, tell us how the client has acquired an interest in the property. In all cases, set out:
- the circumstances of the case
- the issues in dispute
- any steps taken to reach a settlement
Public law children proceedings
If seeking to be joined as a party in care proceedings, set out the client’s involvement in the child’s life and what role they seek in the future. Provide any assessments of the client. If unfavourable, tells us why the report conclusions are to be challenged. If seeking to discharge a care order, set out:
- what changes have been made since the original order
- whether any approach has been made to the local authority
- the basis upon which you seek to persuade the court the order is no longer required
If seeking contact with a child in care, set out what approach has been made to the local authority and how contact has progressed to date.
Wardship and inherent jurisdiction
- If the case relates to removal of a child, set out why the alternative remedies under the Children Act or the Family Law Act 1986 are not appropriate.
- If the removal is to a Hague Convention signatory, set out why the matter is not being pursued through the International Child Abduction and Contact Unit, and the central authority in the country to which the child has been removed.
- If removal is to a non-Hague country, set out the likelihood of successful enforcement of any order obtained in England and Wales.
Delegated functions
- For injunction and children proceedings, make it clear if you are relying on the Injunction as the relevant domestic abuse evidence. Upload both orders, to show they were obtained at the same time.
- If relying on other domestic abuse or child protection evidence, ensure you upload this and that it predates the date of delegation.
- If delegating for a non-standard costs limitation, include details of the new limit, and the justification for it.