Presentation to Ballymun Community Law Centre on

Civil Legal Aid John McDaid, Chief Executive, Legal Aid Board

October 2015

• Airey v Ireland – European Court of Human Rights

• Pringle Committee Report• Establishment of a civil legal aid scheme

and the Legal Aid Board in 1979• Civil Legal Aid Act 1995

History of the development of civil legal aid

A statutory body Consists of a Chairperson and twelve

members appointed by the Minister for Justice & Equality

Two must be practising barristers Two must be practising solicitors Two members of staff – one administrative

and one solicitor

Legal Aid Board

Civil law – mostly concerned with disputes between persons and/or organisations or in certain circumstances the State

Separate legal aid scheme for the defence of criminal prosecutions

Civil legal aid and advice

Legal Advice – advice about a problem. In the form of a consultation with a solicitor, writing letters, negotiations – but not court proceedings

Legal Aid –Providing representation in Court. Can only be done if a legal aid certificate is granted to the person

Note that representation can only be provided in one of the courts mentioned in the Civil Legal Aid Act or a court or Tribunal that is ‘prescribed’ by the Minister

Civil legal aid and advice

The only Tribunal that has been ‘prescribed’ by the Minister to date is the Refugee Appeals Tribunal

Representation in courts and tribunals

Everything is included unless specifically excluded under the 1995 Act ie:◦ Defamation◦ Disputes concerning land (but exemptions to this)◦ Small Claims Court◦ Licensing◦ Conveyancing (unless connected with a matter for

which the person received legal aid)◦ Election petitions◦ Class actions

What the civil legal aid scheme covers

Note that the scheme focuses on the personal benefit to the individual applicant – thus legal aid will not be available for a ‘test’ case unless the personal benefit to the person is such that a grant of legal aid is warranted.

What the civil legal aid scheme covers

Application case types

General family law matters, 53%

Divorce / separation / nullity; 25%

Cases involving pos-sible State care of

children; 5%

Asylum and related matters; 6%

Other civil matters; 11%

A person applying for civil legal aid and advice must complete an application form and return it to any law centre – note that the law centre is the almost exclusive point of entry into the civil legal aid system

There is a separate application form for asylum seekers seeking services in relation to their asylum claim and this is available from law centres dealing with asylum matters

The application form is available on the Board’s website and from its law centres

An applicant must detail his or her weekly income and expenditure and give details of their assets and liabilities

Applying for civil legal aid and advice

To qualify for civil legal aid and advice a person’s disposable income must be below €18,000 and their disposable capital below €100,000 (excluding family home)

Disposable not gross –there are certain allowances

In relation to income, allowances given for PAYE, PRSI, USC, PRD, spouse, children, accommodation costs, and childcare – note that household bills are not deductible

In relation to capital, deduct loans and allow 10% realisation on non-cash assets.

Financial criteria

The merits of the case will be considered prior to granting a legal aid certificate

Considers such matters as◦ Cost/benefit◦ Best means of resolving the dispute◦ ‘Reasonably prudent person’ test◦ Prospects of success

For family law cases the test is modified and the prospects of success and cost / benefit criteria do not apply

Merits of the case

Civil Legal Aid and Advice is NOT FREE Person must pay a contribution depending on

their gross income and capital Minimum contributions are usually €30 for

advice and €130 for aid◦ No contribution in childcare cases◦ Asylum seekers pay €10 for aid/advice, but only in

relation to a claim for asylum At the end of the case full costs can in certain

circumstances be recovered (if money or real property is recovered or preserved)

Cost

The main model of delivering civil legal services is through the law centre

Each law centre is a local office comprised of a number of solicitors, paralegal, and administrative staff

One of the solicitors is the Managing Solicitor and has responsibility for managing the centre

There are six law centres in Dublin, two each in Cork and Galway, and one located in every other county (except for Leitrim, Roscommon, and Carlow)

Law centres

Staffed 9:15 – 17:30 Opening hours to public: 10:00 – 12:30,

14:00 – 16:00 Law centre addresses and contact details

are all available on www.legalaidboard.ie

Law centres

Some civil legal aid cases, particularly those that are heard in the District Family Court, are referred for operational reasons to private solicitors

For a problem that is resolvable in the District Family Court in Dublin, a person should apply to the Board’s office at Dolphin House, East Essex St, Dublin 2 (co-located with the District Family Court)

A person who is issued with a legal aid certificate by the office in Dolphin House can choose a private panel solicitor from the list of those who have signed up to the Board’s panel.

Involving private solicitors

Waiting times for certain services Aspiration that no person waits longer than

four months to see a solicitor Triage approach –seeks to ensure that the

person will receive an early appointment with a solicitor to get legal advice if there is a likelihood that they will have to wait a significant period of time for a full service

Some practical realities

Child Care Unit in Dolphin House – to assist in dealing with applications to the District Family Court in Dublin by the Child and Family Agency to take children into care or under supervision

Medical Negligence Unit (Montague Court) Personal Injuries Unit (Smithfield)

Specialist services

Three law centres, in addition to their general remit, also provide representation to asylum seekers in the asylum process:◦ Dublin Smithfield◦ Cork Popes Quay◦ Galway Seville House

Formerly a separate law centre known as the Refugee Legal Service (RLS) – you may sometimes hear this term still being used informally to refer to the Board’s service for asylum seekers

Specialist services

This is a free legal advice service provided out of Smithfield Law Centre to persons who may potentially have been the victims of human trafficking

Referrals from Garda National Immigration Bureau only

Specialist services

The Board may provide civil legal aid and advice to one member of a deceased’s family at certain inquests

Referral is by the Coroner to the Board Service is provided by private solicitors No role for law centres

Specialist services

Mediation is a service to help couples who have decided to split up, or who have already separated, to negotiate their own terms of agreement, taking into account the needs and interests of all involved. It may also assist parents who have a child but were not in a long term relationship.

Mediation allows people to make their own decisions and the role of the mediator is to act as a facilitator for the parties

Mediation is NOT◦ Marital counselling ◦ Legal advice

Family mediation

The mediator sees the parties together and identifies the issues in dispute

The mediator seeks to create a climate in which neither party dominates and in which both parties participate fully in good faith in an atmosphere of co-operation

The mediator seeks to help the parties deal with difficult emotional issues that can prevent them reaching agreement

The mediator seeks to help the parties reach agreement that they both find acceptable

The role of a mediator

The service is free and not means tested Delivery is through 17 family mediation

offices (ref www.legalaidboard.ie for details) There is a dedicated family mediation office

co-located with the District Family Court in Dublin

The Board is piloting in certain locations, mandatory information about family mediation as a prior requirement in order to be granted a legal aid certificate for court proceedings

Family mediation - delivery

This scheme assists people who have been charged with a criminal offence

Criminal legal aid is granted by the Court No formal means test, but applicant must

make a statement of means to the judge The Board administers some smaller ad hoc

criminal legal aid schemes

Criminal legal aid

Other civil legal service providers e.g, Mental Health Commission

Getting feedback about the Board’s services Questions?

Wrap up