Legal aid: children and the residence test - Human Rights Joint Committee Contents


1  Introduction

1.  This report looks at the proposed introduction of a residence test for civil legal aid claimants, so as to limit legal aid to those with a "strong connection" with the UK. Specifically, we look at the likely effect of the residence test on children. We have already explained our concerns about this policy: we did so in our original report,[1] to which the Government responded in February.[2]

2.  The Government propose to implement their residence test policy by means of an affirmative instrument, which they laid in draft on Monday, 31 March. This report looks at that statutory instrument, particularly in relation to its likely effect on children. It is regrettable that the proposal was not introduced by primary legislation to allow both Houses to scrutinise and amend its provisions. Despite welcome concessions made in response to our original report, we are so concerned that we urge the Government to withdraw the instrument as currently drafted. If the Government does decide to proceed by affirmative instrument, we would expect the newly laid instrument to reflect our concerns as set out in this report with regard to its impact on children.

3.  In this report, we first set out the background to the Government's policy in relation to a residence test for access to legal aid and the United Kingdom's relevant international human rights obligations, in particular the United Nations Convention on the Rights of the Child (UNCRC). We then set out why the Government consider that their policy complies with those obligations and our doubts as to the merit of their case. We then consider the particular position of four specific categories of children, where we are particularly concerned that the Government's approach is not compatible with their international obligations.


1   Joint Committee on Human Rights, The implications for access to justice of the Government's proposals to reform legal aid (7th Report, Session 2013-14, HL Paper 100/HC 766) Back

2   Government response to the Joint Committee on Human Rights: The implications for access to justice of the Government's proposals to reform legal aid. February 2014 Back


 
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Prepared 30 June 2014