PART 6SPECIFIC MERITS CRITERIA

CHAPTER 6Family

Criteria for determinations for full representation in relation to public law children cases F3 and parental guardianship cases66

1

For the purposes of a determination for full representation in relation to a public law children case F5or a parental guardianship case—

a

the criteria in regulations 39(b) to (d) and (f) (standard criteria for determinations for legal representation) and 41 to 44 (criteria for determinations for full representation) do not apply;

b

the criteria in regulation 39(a) and (e) apply; and

c

paragraph (2) applies.

F12

An individual may qualify for full representation in a public law children case F4or a parental guardianship case only if the Director is satisfied that the criterion in paragraph (3) and, where applicable, paragraph (4) are met.

3

It is reasonable for full representation to be provided, having regard to the importance of the case to the individual.

F24

If the individual is making or supporting an appeal or application, the prospects of success of that appeal or application are very good, good, moderate, borderline or marginal.