A new order Monday implemented amended the law regarding legal aid in family cases in the UK to include those with parental responsibilities as well as prospective guardians. The Legal Aid: Family and Domestic Abuse (Miscellaneous Amendments) Order 2023 made changes to The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), to widen the scope of those who are given legal aid in the family law sector.

Under the new order, prospective guardians making applications for Special Guardianship Orders (SGOs) in private family law proceedings are now entitled to legal aid. The extension also applies to anyone with parental responsibilities responding to an application for SGOs. In addition to this, the Lord Chancellor’s guidance regarding LASPO was also updated to reflect the changes.

The changes follow closely after legal aid increases in public family law cases, which were extended in March 2023. Since then, individuals opposing public law applications for placement and adoption orders, involving local authorities, have had access to means-free legal aid. Previously, under LASPO, legal aid in family law was only available to those in exceptional cases such as: victims of domestic abuse, cases involving a forced marriage injunction, cases involving allegations of chid abuse, a child who was party to the proceedings, or other exceptional circumstances.