66.—(1) For the purposes of a determination for full representation in relation to a public law children case [F2or 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.
[F3(2) 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.
[F5(4) 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.]]
Textual Amendments
F1Reg. 66 heading inserted (1.5.2023) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(2)(c), 5(8)(a)
F2Words in reg. 66(1) inserted (1.5.2023) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(2)(c), 5(8)(b)
F3Reg. 66(2)-(4) substituted for reg. 66(2) (27.7.2015) by The Civil Legal Aid (Merits Criteria) (Amendment) (No. 2) Regulations 2015 (S.I. 2015/1571), regs. 1, 2(7) (with reg. 3)
F4Words in reg. 66(2) inserted (1.5.2023) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023 (S.I. 2023/150), arts. 3(2)(c), 5(8)(c)
F5Reg. 66(4) substituted (22.7.2016) by The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2016 (S.I. 2016/781), regs. 1(1), 2(9) (with reg. 3)