The Civil Legal Aid (Procedure) Regulations 2012 No. 3098

Regulation 34 (2)

[F1 SCHEDULE 2 E+W Supporting documents: protection of children

Textual Amendments

F1 Sch. 2 inserted (8.1.2018) by The Civil Legal Aid (Procedure) (Amendment) (No. 2) Regulations 2017 (S.I. 2017/1237), regs. 1(2), 2(5), Sch. (with reg. 3)

1.   Evidence that B has been arrested for a child abuse offence. E+W

2.   A relevant police caution for a child abuse offence. E+W

3.   Evidence of relevant criminal proceedings for a child abuse offence which have not concluded. E+W

4.   A relevant conviction for a child abuse offence. E+W

5.   A relevant protective injunction. E+W

6.   A copy of a finding of fact made in proceedings in the United Kingdom of abuse of a child by B. E+W

7.   A letter from a social services department in England and Wales (or its equivalent in Scotland or Northern Ireland) confirming that the child was assessed as being, or at risk of being, a victim of child abuse by B (or a copy of that assessment). E+W

8.   A letter from a social services department in England and Wales (or its equivalent in Scotland or Northern Ireland) confirming that a child protection plan was put in place to protect the child from abuse or a risk of abuse by B (or a copy of that plan). E+W

9.   An application for an injunction described in paragraph 5 of this Schedule made with an application for a prohibited steps order against B under section 8 of the Children Act 1989 which has not, at the date of the application for civil legal services, been decided by the court. E+W

10.   For the purpose of this Schedule— E+W

“child abuse offence” has the meaning given in the document published by the Lord Chancellor for that purpose under section 2 of the Act;

“protective injunction” has the same meaning given in Schedule 1 to these Regulations;

“relevant” means——

(a)

for the purpose of paragraphs 1 to 4 of this Schedule that the arrest, caution, criminal proceedings or conviction identifies B as being arrested for, cautioned for, charged with, or convicted of, the child abuse offence; and

(b)

for the purpose of paragraph 5 of this Schedule, that the protective injunction—

(i)

identifies B as the respondent; and

(ii)

is made for the protection of the child who is or would be the subject of the order to which the application relates.]