Re M (A child) (Costs: legal aid)

Legal aid – Entitlement. The mother made an application seeking the discharge of the supervision and special guardianship orders made in respect of her child. However, what she had been seeking was a re-hearing of the earlier fact-finding hearing. The mother was given leave to re-open the fact-find. Her application for legal aid was refused. The Family Court held that the effect of the judgment was to re-open the care proceedings under s 31 of the Children Act 1989, that future hearings before the judge would be of those proceedings and the ongoing proceedings before the judge were, accordingly, a 'special Children Act 1989 case', in relation to which the mother was entitled to legal aid in accordance with para 2 of the Civil Legal Aid (Merits Criteria) Regulations 2013, SI 2013/104.

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