Evidence of criminal convictions for a child abuse offence.

 

This will count as evidence provided that the conviction is not ‘spent’, under the terms of Rehabilitation of Offenders Act 1974.  The offence may have been against any child and is not limited to the child for whom you are seeking protection. If you do not already have a written record of the conviction you will need to get a record of the conviction for your legal aid application.

  1. Please check that your partner was either cautioned for, or convicted of a child abuse offence.  Please see the list of child abuse offences  and the guide on sentencing to help you to work out if the conviction is spent or unspent.
  2. You will need to know the Court where your ex-partner was sentenced.  You can get the information by either writing to the Court or visiting them in person. Please note that you will need to contact the Court where the sentencing took place.  If you do not know the Court, the police officer who was leading the investigation may be able to help you.
  3. Once you know where sentencing took place, you should write to the Court.


Please complete either template letter P for the Crown Court or template letter Q for the Magistrates Court. Please fill this in giving as much information as possible before sending it to the Court. Once you have received the relevant evidence please make an appointment to see us. The addresses for our local courts can be found in the useful contact section.


Evidence of a police caution for a child abuse offence.

 

If your former partner has been given a police caution for a child abuse offence in the UK in the last 2 years this can also be used as evidence for your legal aid. The offence may have been against any child and is not limited to the child for whom you are seeking protection. You will need a written record of the caution for your legal aid application.  Please see the list of child abuse offences.  Please complete template letter R and send it to the data protection officer at the police force which gave the caution.  Once you have received the evidence please make an appointment to see us.


Evidence of ongoing criminal proceedings for a child abuse offence

 

If your former partner has been charged with a child abuse offence against  any child within the UK but has yet to be convicted in a Court written confirmation that the prosecution is ongoing will count as evidence for legal aid.  If you do not already have a written record of this (such as a letter from the police) you will need to get a copy of the charge sheet for your legal aid application.  Please complete template letter S and send it to the data protection officer of the police force that arrested your former partner.  Once you have obtained this evidence please make an appointment to see us.


Evidence of a protective injunction

 

This is a Court Order that would have told your ex-partner not to use violence, harass or threaten not only you but also your children, naming them. In England and Wales these are called Non-Molestation Orders, Occupation Orders, Forced Marriage Protection Orders and Restraining Orders.  If any protective injunctions were granted in either Scotland or Northern Ireland please see the Ministry of Justice website for further information.

If such an Order is either currently  in force or has ended but was made in the last 2 years, then this can still be used as evidence for legal aid.  You will need to obtain a copy of the Order.  You or your solicitor should have been given a copy of the Order when it was issued.  If you need to obtain a copy, you may obtain a copy of a Restraining Order from the Magistrates Court by completing template letter T1 or a copy of all other types or protective injunction orders from the County Court by completing template letter T2. You may have to pay a fee to obtain a copy of the Order.  In some situations you may qualify for fee remission (to either pay nothing or to help you towards the cost). Please complete Form EX160. Once you have obtained a copy of the required evidence please make an appointment to see us.

 
Finding of fact of child abuse by a Court.

 

This is where a Judge within a non-criminal case decides whether or not child abuse has occurred in a particular case.  If there has been a finding of fact made in a UK Court of abuse against any child by your ex-partner then this can be used as evidence.  The finding of fact should have been recorded on a Court Order and you should have been given a copy.  If you no longer have a copy of this please contact the relevant Court using template letter U.  You may need to pay a fee or alternatively you can complete Form EX160 to help with fee remission. Once you have obtained the required evidence please make an appointment to see us.


Evidence from social services confirming child abuse

 

If social services have assessed the child you are seeking to protect in the last 2 years as being at risk of child abuse by your ex-partner this can be used as evidence.  You will need a copy of the assessment showing both your child’s name and your ex-partner’s name as the perpetrator (i.e. the person responsible for the child abuse.  If you do not have a copy or if it does not have the right information on it, please complete template letter V and send it to your local social services department. Please also send to them template letter W for social services to complete and return to you to ensure that you have the appropriate evidence that you require. Once you have received the relevant evidence please make an appointment to see us.

 

Evidence of a Social Services Child Protection Plan

 

If Social Services have in the last 2 years put a child protection plan in place to safeguard the child you are seeking to protect from abuse or a risk of abuse from the other party to your case this can be used as evidence for your Legal Aid application.  You will need a letter from Social Services confirming this step was taken or a copy of the plan.  If you do not have a copy please complete template letter X and send it to your local social services department. Please also send to them template letter Y for social services to complete and return to you to ensure that you have the appropriate evidence that you require. Once you have received the relevant evidence please make an appointment to see us.