Legal Aid and domestic violence , child arrangements and financial orders

Harley made this Rhyddid Gwybodaeth request to Legal Aid Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Legal Aid Agency.

Dear Legal Aid Agency,

Where domestic abuse victims cannot afford equality of arms in a court arena, please provide the following information:

Where Domestic Abuse has been proved in a Court of law and now the Abuser is seeking a child contact order, why does Legal aid find that domestic violence victims are solely responsible for these Court costs ?

Can a child apply for legal aid in relation to child contact orders?

Can legal aid be applied for ,to apply to the courts for a legal services order ?

Can you more than one legal aid certificate for a Child arrangement order brought to court by the abuser and financial relief proceedings ?

Can legal aid be sort to return to court , where a court order has not been complied with?

Legal Aid currently charges 8per cent per day to victims of domestic abuse . Where the victim is a carer , how can these charges be applied , when the benefit amount received is lower than the carers allowance?

Do you expect domestic violence victims to have large quantities of debts or become homeless in order to defend there Human rights in court , ie the right to life?

Can a carer lose there home if they cannot pay the legal aid costs and interests?

I understand the legal aid board could put a charge on the carers house? which provides more debt for the carer?

Could a carer lose there house to legal aid because of the costs and interest?

Do legal aid expect domestic abuse victims to take on legal aid debts , without being able to see costs from a solicitor , until the court hearing is over?

What is the average costs of financial remedy orders for domestic violence victims? Please provide Approx figures.

What is the average costs for domestic violence victims to be able to seek equality of arms , in a child contact order ?

Yours faithfully,

Harley

Disclosure Team, Legal Aid Agency

Dear Harley,

Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information Act 2000 (FOIA) regime and has been rejected by the Disclosure Team.

It may be helpful if I explain that the FOIA gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information.

For example, a FOI request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the MoJ receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

You may wish to re-submit your enquiry to the Ministry of Justice, which will be treated as Official Correspondence. Our contact details are as follows:

102 Petty France
London
SW1H 9AJ

Contact Form:

https://contact-moj.dsd.io/

Telephone Number:
020 3334 3555

If you do have any questions relating specifically to the FOIA or Data Protection Act (DPA), please contact the Disclosure Team at the following e-mail address: [email address]

Kind regards,

The Disclosure Team

dangos adrannau a ddyfynnir

Dear Disclosure Team,

Please clarify that you do not have any policy regarding domestic violence and carers .
Section 84 of the FOIA states that in order for a request for information to be handled as a FOI request, it must be for recorded information

Yours sincerely,

Harley

Disclosure Team, Legal Aid Agency

Dear Harley

Please note, under section 8(1) of FOIA, a request for
information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link: http://www.legislation.gov.uk/ukpga/2000...

Regards,
Disclosure Team

dangos adrannau a ddyfynnir

Dear Disclosure Team,
My name is H Arley

I do want my address published .

Yours sincerely,

Harley

Disclosure Team, Legal Aid Agency

Dear Harley/H Arley,

Is you name Harley, or H Arley? My apologies if the previous correspondence was unclear, the What Do They Know email address is sufficient for your address, however we need to have a valid name. If you first name is Harley, we would also need a surname.

Many thanks

The Disclosure Team

dangos adrannau a ddyfynnir

Dear Disclosure Team,

As you are so confused , my name is Harrold or Harry Arley , I sign my letters Harley, which I legally allowed to use . Please send this delay to your complaint's team for an internal review.

Yours sincerely,

Harley

Disclosure Team, Legal Aid Agency

Dear Harley,

Please note, under section 8(1) of FOIA, a request for
information must comply with three requirements. It must:

(a) be in writing,
(b) state the name of the applicant and an address for correspondence, and
(c) describes the information requested.

After initial consideration, this request appears to comply with requirements (a) and (c) but it does not comply with requirement (b) because you have not provided your full name.
I am therefore not required to process your request without information that can later be referred to, as per Section 8(1)(b) FOIA. The information we require is your name.
As your request has been deemed invalid, I am not obliged to disclose the requested information at this point and I would like to take this opportunity to recommend that any future FOI submissions adhere to Section 8 of the FOIA.
To enable us to meet your request, please resubmit your application in accordance with the above requirements. We will consider your resubmitted request upon receipt as long as it meets the requirements stated above.
You will then receive the information requested within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt.
You can find out more about Section 8 by reading the extract from the Act available at the attached link: http://www.legislation.gov.uk/ukpga/2000...

Therefore, can you please confirm a first name and surname in order for us to process your request.

Kind regards,

Disclosure Team

dangos adrannau a ddyfynnir