1. Developments in Family Law and Legal Aid that benefit the
people you work with and support.
Welcome to the first edition of our newsletter. We will be bringing you quarterly
updates in relation to Family Law, Mediation and Legal Aid.
Please forward this to your friends and colleagues who may also be
interested in receiving regular updates.
How to get legal aid
As professionals, you will know about the drastic cuts that took place in April 2013. However, the most important
thing to remember is that legal aid is still available to people, there are just some hoops to jump through first.
The rules surrounding legal aid are complicated but we are going to provide you with a summary. Hopefully, this will
help you to ascertain whether legal aid may be available for people you are working with or supporting.
3. Has there been any domestic abuse?
The absolute key thing to remember here is that the definition of domestic abuse is quite wide. The full defi-
nition can be found here: (https://www.gov.uk/domestic-violence-and-abuse). In a lot of relationship break-
downs domestic abuse is present and it is extremely important that people understand that abuse is not
only physical.
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
Business Name
Practical Legal Updates
June 2014 Volume 1, Issue 1
Domestic Violence Update
NICOLA WHITLEY
SPECIALIST IN
DOMESTIC VIOLENCE
1. Are the Local Authority (Social Services) involved?
If so, then legal aid is often available to help people with meetings, threats of removal of children and advice about Social Services. It is important to get
help early on and therefore if Social Services are involved at all, let us know and our dedicated care team can talk you through the processes in securing
legal aid.
2. Is emergency protection required?
Legal aid is available for protective orders (non-molestation/occupation order/injunctions/harassment). Protective orders can be applied for in an emer-
gency, on that day if necessary, and legal aid is available for this. We can advise on the action that can be taken and talk you through the steps. We also
have a 24/7 contact number for out of hours advice: 07435 969798

2. Page 2 Practical Legal Updates
If there has been domestic abuse, there are specific evidence requirements to fulfill and the detail of this is very specific. It is also open to interpretation and we can
discuss the specific requirements depending on your client's circumstances. However, in summary, evidence can be obtained from:
 Having been in a refuge within the last 2 years
 Having been refused space in a refuge
 A referral has been made by a health professional to a specialist support service
 Police evidence of a domestic abuse offence:
 Conviction
 Caution
 Trial dates
 Current police bail
 Have had an injunction in the last 2 years
 Have had a court undertaking in the last 2 years
 Have had a MARAC plan in place
 A finding of fact has been made in court proceedings re domestic abuse
 A report from Social Services confirming domestic abuse/violence
 A Domestic Violence Protection Notice
 Court order binding over the Respondent
Last but certainly not least, is GP evidence. This is the most common way that legal aid can be secured for a victim of domestic abuse. Even if they have not been to
their GP previously, they can go now and report the circumstances and most GPs are happy to assist. The GP has to confirm in a report the following:
 They have had an appointment within the last 24 months
 They have examined them in person
 The date of the appointment
 They have suffered Domestic Abuse (state that the type of Domestic Abuse fits within the definition)
 The injuries or condition were consistent with Domestic Abuse
The report can be completed by any of the following health professionals:
 GP
 Nurse
 Midwife
 Psychologist who holds a practice licence
Each piece of evidence needs to satisfy specific criteria, the details of which are too specific for this article, but the team have an in depth knowledge of the require-
ments and can discuss this with you or your clients on the telephone. Please do not hesitate to contact us on 023 92492967.
There is still a means test and we can also carry out an assessment over the phone if that assists. There is also a legal aid calculator available here: (http://
www.justice.gov.uk/legal-aid/assess-your-clients-eligibility/civil-eligibility/civil-eligibility-calculator)
In summary, legal aid is still available. There are a couple more hoops to jump through but all is not lost, we can still help vulnerable people when they most need it.

3. Mediation Update
The New MIAM Requirement
Page 3 Volume 1, Issue 1
There has been much in the news over the past month about mediation and the requirement for separating couples to go to mediation before being able to
start court proceedings.
Mediation enables couples to meet with someone totally independent to talk about the issues arising from the breakdown of their relationship whether in
relation to finances or the arrangements for their children. It is hoped they will then reach an agreement without the need for the extensive involvement
of solicitors or the court. Mediation can be cheaper, quicker, less acrimonious and enables the clients to keep control of the outcome of their separation
rather than having decisions imposed on them by a court. Mediation is therefore an ideal way to resolve family disputes. It is not however suitable for
everyone.
There is not therefore any compulsion to go to mediation. The law changed on 22 April 2014 to require all potential parties to family law court proceedings
to attend a Mediation Information and Assessment meeting (MIAM) before being able to make an application to the court.
A MIAM is an initial meeting with a mediator during which the mediation process is explained and any questions answered. It also provides the mediator
with the opportunity to assess whether mediation is suitable and if the clients are eligible for legal aid.
The new law requires a person to attend a MIAM before making an application to the family court. It states that the potential Respondent is also expected
to attend a MIAM and gives the court the power to adjourn the proceedings to enable mediation to be attempted.
There is no requirement to go to mediation itself. For mediation to be successful both clients need to be willing to engage in the process.
A person must attend a MIAM before being able to make an application to the family court unless one of a list of exemptions applies. The main exemptions
are as follows:
 A history of domestic violence
 Child protection issues
 Urgent action required
 One party in prison
 One party not resident in the UK
 Bankruptcy
 No mediation service available to offer a MIAM within 15 days
If one of the exemptions does not apply the mediator will assess whether the issues are suitable for mediation. If there are mental health or drug and
alcohol issues or problems of abuse the mediator may decide that mediation is not a safe option.
If mediation is considered appropriate the mediator will then invite the former partner to take part in the process. If they refuse or the mediator consid-
ers the case is not suitable for mediation they will sign the forms required to enable the client to apply to the court. This does not mean that mediation
cannot be considered as a means of dispute resolution at a later date.
Legal Aid for court proceedings is only available in very limited circumstances. Legal Aid for mediation however is always available if the client is financial-
ly eligible. If eligible for legal aid, mediation will be free.
Samantha Lee Solicitor and Family Law mediator at Swain and Co Family Mediation Service says “a person has nothing to lose by coming to a MIAM to learn
more about the mediation process and decide whether or not it is for them. A MIAM is a short meeting lasting about 30 minutes and is free of charge”.
Samantha explains “if a person attends a MIAM and is keen to try mediation but their former partner will not co-operate, they will find that mediation is
considered again at the first court appointment and there will be a further opportunity to take part in the process. At the Portsmouth Family Court there is
always a duty mediator available at all first court appointments to provide information about the way mediation works. In the spirit of the new law the
Judges there are encouraging mediation unless there is good reason not to. We are taking part in the duty scheme and are encouraged by the number of
people who were wary of mediation before and are now interested in considering it as an option”.
Clients need to be aware that failure to comply with the requirement to attend a MIAM could cause delay when they get to court and the Judge can order
them to attend at this stage when they will have already incurred legal and court fees. Therefore there is less risk involved if the client attends the MIAM
at the outset.
If anyone you know or are assisting needs further information in respect of the MIAM requirement or mediation generally please contact Samantha Lee on
02392 474040.
SAMANTHA LEE
MEDIATOR

4. Fundraising for Naomi House – Apprentice Style!
Business Name
‘The People’s Lawyers’
Address:
3-5 South Street
Havant
Hampshire
PO9 1BU
Tel: 02392 492967
Fax: 02392 499349
Mediation Tel: 02392 474040
Email: mail@swainandco.com
Web: www.swainandco.com
24/7 Domestic Violence Helpline
07435 969 798
MARY-ANNE BEEDLE
FAMILY LAYWER
On Saturday 24 May 2014, Mary-Anne Beedle, and other members of the
Hampshire Young Resolution Committee took over the Naomi House charity
shop in Portswood Road, Southampton, whilst an opponent team took over
another Naomi House shop nearby. The challenge – raise as much money
as possible, beat the other team and be declared the winners!
Choosing a “Vintage Tea Party” theme the team dressed up in the finest tea
dresses, served tea and cakes in store and ran a tombola, all whilst danc-
ing round the store to some rather fabulous 1950s’ tunes. Having pestered
colleagues and family members for items to sell there were also some
bargains to be had by visiting customers.
The team raised an incredible £1337 in store and a further £585 via the
Just Giving page. The team await the results of the challenge but regard-
less of whether they were winners or losers, it was all for a brilliant cause.
Mary-Anne Beedle says, “It was a great day and we had a lot of fun pull-
ing it all together. Win or lose, I am proud that the Young Resolution
Committee have raised such a huge sum of money for a worthy local
cause.”