Briefings

Briefings are an opportunity for Resolution to highlight issues and to constructively propose changes to ensure that access to justice is guaranteed for all, particularly for the most vulnerable. Briefings are targeted at parliamentarians and civil servants setting out the organisation's position on important family law issues or responses to government announcements. They are often developed in conjunction with, or following consultations with, partner organisations.

Resolution proposal to make family mediation exempt from Residence Test

Date added:
06 Jun 14
Description:

From 4 August 2014, people applying for civil legal aid will be subject to a residence test, to prove that they have been lawful UK residents for the previous 12 months.

Family legal aid applicants are exempt from these requirements. However, applicants for legally aided family mediation will be subject to the test.

Resolution believes that the introduction of a residence test is unnecessary. It will create additional burdens on already-stretched legal aid providers. It will confuse the public as to whether legal aid is available and may deter some people with limited means from seeking support from a lawyer or a mediator.

At a time when the Government is encouraging people to resolve family disputes out of court, the Residence Test creates an unnecessary hurdle and may mean that the people most in need of mediation support could miss out because they are unable to provide proof of residence.

We strongly believe that family mediation should also be exempt from the Residence Test and are lobbying Government to have this rectified.

Read our briefing here.