Courts / Ireland / Report

Woman settles case after department changes legal aid criteria

Summary

Rose Wall, Chief Executive of Community Law & Mediation, confirmed that a High Court judicial review has been settled after the Department of Justice changed legal aid criteria. The applicant, an unnamed mother of two reliant on social welfare payments, challenged the Legal Aid Board's refusal to fund her family law proceedings against her allegedly violent former partner. The Board had classified her Housing Assistance Payment (HAP) as income, placing her above the financial threshold for aid. The applicant argued this decision was erroneous, noting that HAP is paid directly to landlords and constitutes social housing support rather than personal income. She claimed the Board failed to consider her lack of means and the nature of the payment. The internal appeal was rejected in October 2021, but the applicant secured permission to bring the challenge in January. The matter was resolved following out-of-court talks after the Department announced that HAP and other social housing supports, including Rental Accommodation Scheme and Rent Supplement, are now excluded from legal aid entitlement calculations. Ms. Wall welcomed the settlement and the immediate policy change, encouraging previously refused applicants to reapply. She also noted the Department's plans to review the Civil Legal Aid Scheme, hoping for further reforms to improve access to justice for disadvantaged individuals.

Who, what, where, when and why

What: Report matter: Woman settles case after department changes legal aid criteria. Procedural stage: hearing_or_decision

When:

• October 2021 Other
• 2021-06-30 Publication

Why: A woman who wants to bring family law proceedings against her allegedly violent former partner has settled her High Court challenge over the Legal Aid board's refusal to fund her action. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision Violent Crime

Read the original CNI report