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[Solved] Legal Aid

 
(@Paul_6611)
Reputable Member Registered

Some of you may already know my story.

Many months ago I believed that my legal aid application had been accepted by the legal aid agency. My doctors at the time had written a letter which was vague but the legal aid agency accepted it and decided I could go ahead with my case through the solicitors. A letter was sent to my ex, which she completely ignored, and I progressed with the intention of going to court.

I was asked by my solicitors to provide bank statements and I believed that everything would prove to be fine and I could eventually go to court. The legal aid agency then, despite having previously accepted my doctors letter, rejected the very same letter and declined my application. I appealed and failed. I was told I needed to go back to my doctors and that they had to fill in their required template letter exactly as they required.

I have written to my doctors and offered to provide proof that I have been a victim of domestic violence. From the evidence I can provide to them, I can absolutely show without any shadow of doubt that this is the case. My doctors however are refusing to complete the template. I cannot understand why? It seems that they are afraid of putting their names to the letter, possibly because of liability - I really cannot understand their reasoning.

My question is, if the government have set this up, that the onus is on doctors to provide this letter, and if I can show without any reason for doubt that I have been a victim of domestic violence (threats from my ex's family etc which is on police record, etc) then who are my doctors accountable to? Surely if it is a requirement by law for my application to be accepted by the legal aid agency, and if I can prove the facts required, they must have some kind of obligation to fulfil these legal requirements? Who can I complain to? What can I do?

As usual all help would be appreciated.

Quote
Topic starter Posted : 06/06/2017 9:18 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I thought that police involvement also counted, could you get something in writing from them to say you were a victim of domestic violence?

If you are unhappy with the doctors stance, it's probably the BMA that would deal with a complaint.

ReplyQuote
Posted : 07/06/2017 2:49 pm
(@dadmod4)
Illustrious Member

The doctor may charge for filling out a template, but they would have told you that and I can't see that's a reason for not filling it out. If you saw the doctor at the time, then the notes would be on your file - you could ask for a copy of those notes - it may not be in the format of the template, but it's still evidence.

ReplyQuote
Posted : 07/06/2017 11:33 pm
(@Paul_6611)
Reputable Member Registered

This is a reply to both Mojo and Actd (thank you for your responses)

During a telephone call with the GP's practise manager, she said that they would not complete the template as requested by the LAA - when asked why she said that the doctor would have to put his name to it and wasn't prepared to do that. I offered to submit the evidence I had of abuse in the form of the recordings I had and she said the doctor probably wouldn't even look at them. Apparently they had sought legal advice before calling me. It seems that they believe they will in some way be liable, whether as an insurance issue or not I do not know.

I then contacted the LAA who would offer no advice - all they cared about was that their template letter had been completed, or not. If not, not their problem. They suggested that the solicitors allocated to the case had a list of other things I could use to resubmit my application. The solicitors stated that the evidence required by the police would require that a caution had been issued by the perpetrators of the abuse - I simply called them to explain my situation but was reluctant to take things further for fear of repercussions. So a word of caution to anyone who wishes to seek legal aid - you must be able to prove domestic abuse and if the police are involved you must press charges or get the police to at the very least issue a caution!

With regards to the doctors, I have now tried to contact my local MP. If the government have set in place these restrictions and the onus is upon GP's to provide confirmation of abuse, I can't see how they can refuse when there is absolute evidence to show that the abuse occurred. Once again I feel as though I am fighting a system that is incredibly biased, despite insistence that it is not.

My ex made all kinds of allegations against me, had me threatened by her family, went to the council and they put her in a temporary hostel with my children, offered her housing and she has been the sole recipient of benefits since then. I have been made homeless, eventually won a battle after many months for the council to provide me with housing, forced to see my children through a contact centre despite doing nothing wrong other than protesting at my ex's refusal to let me see my children on a regular basis and spent over a year fighting for legal aid to get back what I should never have lost in the first place, my children. My children have suffered constantly, are in tears regularly because they want to be with dad and there is nothing I can do.

I totally understand why some fathers just give up. This is a living [censored]. But I refuse - I will fight for my children come [censored] or high water and nothing, absolutely nothing will stop me being a father to them and fighting for them to have the right to one. It is thoroughly disgusting and needs to change.

I am now in the situation where it looks as though if my GP continues to refuse and if my local MP can do nothing, I will have to go to court and represent myself. Again this could take months. I have proof of the threats made against me, I have proof that the allegations against me were lies.I have proof that my partner has knowingly and willingly put my children at risk on several occasions. I've got nowhere. I should qualify for legal aid! My ex gets everything and all based on wishy-washy lies with no evidence or basis in fact whatsoever.

ReplyQuote
Topic starter Posted : 09/06/2017 4:29 pm
(@Paul_6611)
Reputable Member Registered

The police will allow you to get a copy of your record or any instances relating to yourself under the FOI or data protection act (can't remember which one) but they will not complete the LAA's template letter as they refuse to get involved in civil matters. I've now contacted my MP and hopefully they will be able to resolve the matter. I'm also about to complete the C100 and go ahead without legal representation with a view to getting it later if possible.

ReplyQuote
Topic starter Posted : 14/06/2017 5:24 pm
(@leydan)
Eminent Member Registered

with legal aid being withdrawn by the government...there is a few options still open but these options usually mean some what of a medical authority or child authority agency involvement......if you say you have suffered domestic abuse...would this be physical or mental ... if it is mental you need a consultant to confirm this .... if it was physical do you have xrays of broken bones or knife wounds?

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Posted : 14/06/2017 10:27 pm
(@Sporadic)
Estimable Member Registered

I think the LAA decide what they want to do based upon each case to be honest. My ex wife got legal aid, she claimed she had been a victim of domestic abuse. Even when I contacted the LAA with proof that she had been the instigator and not the victim they still told me that they would not be withdrawing her LA Application. I don't know how she done it but she did.

ReplyQuote
Posted : 14/06/2017 11:03 pm
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