We are writing to seek clarification regarding the availability and scope of legal aid funding in relation to Domestic Abuse Protection Order (DAPO) proceedings, in particular the position as it applies to applicants and respondents.
Guidance documents for consideration:
Civil legal aid:
DAPO_Pilot_Scheme_Specification__Section_19__-_Clean.pdf
Criminal legal aid:
Paragraph 13.13 of the 2025 Standard Crime Contract Specification
Section 6.19 (and related Annex E) of the Criminal Bills Assessment Manual.
Legal Aid Learning guidance for criminal legal aid providers applying for civil legal aid for DAPOs - https://legalaidlearning.justice.gov.uk/domestic-abuse-protection-orders-dapo-application-guidance/
P. 54 of Lord_Chancellor_guidance_under_section_4_of_LASPO_27_June_2025.pdf
Whether civil legal aid is available in principle for DAPO proceedings for both applicants and respondents, and the statutory basis on which such funding falls within scope.
Broadly speaking it is but with some limitations, for example for victims in criminal proceedings where they are not parties to the proceedings themselves (i.e. for criminal trials for breach of a DAPN).
The legal basis is largely: for civil legal aid, paragraph 11(1A) of Schedule 1 of LASPO - https://www.legislation.gov.uk/ukpga/2012/10/schedule/1; and for criminal legal aid, regulations 9(ue)-(ufa) Criminal Legal Aid (General) Regulations 2013 - https://www.legislation.gov.uk/uksi/2013/9/regulation/9
Whether there is any distinction in funding eligibility between applicants and respondents in DAPO proceedings, beyond the standard civil legal aid means and merits assessments
The Domestic Abuse Act 2021 legislated for a new police-issued Domestic Abuse Protection Notice (DAPN) and court-issued civil Domestic Abuse Protection Order (DAPO) (under Part 3 of the Act) to streamline protective orders for domestic abuse victims. The aim of the DAPN is to provide immediate, short-term protection to a domestic abuse victim pending a DAPO being obtained, whereas the DAPO provides flexible, longer-term protection.
The DAPN/O pilot was launched in Greater Manchester and three Boroughs in South London (Croydon, Sutton and Bromley) on 27 November 2024, run jointly by MoJ and the Home Office. The following pilot areas have since been added: Cleveland (on 5 March 2025); and North Wales (on 28 April 2025).
DAPOs are the first order available in all courts: police can apply for an order to the magistrates’ court, and victims and third parties to the family court and victims can also apply within ongoing family and specified civil proceedings. Courts can also make a DAPO of their own volition in criminal, family and specified civil proceedings.
Civil and Criminal legal aid was brought into scope in relation to DAPNs and DAPOs via the following amendments to the Legal Aid: Sentencing and Punishment of Offenders (LASPO) Act 2012:
Tables A to G (Paragraphs 19.9 -19.21) of the 2024 Standard Civil Contract DAPO Pilot Scheme Specification sets out the circumstances where civil legal aid is available to the Applicant and Respondent as well as the relevant fees payable for that work under the 2013 Civil Legal Aid (Remuneration) Regulations.
The civil means test for DAPOs work is set out in the 2013 Civil Legal Aid (Financial Resources and Payment of Services) Regulation.
Whether there is any distinction in funding eligibility between applicants and respondents in DAPO proceedings, beyond the standard civil legal aid means and merits assessments.
No. There is no distinction in funding rules between applicants and respondents.
Both are eligible, subject only to the usual:
The Means criteria set out in the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
The Merits criteria of Regulation 32 and Regulation 67 of the Civil Legal Aid (Merits) Regulations 2013
Additional Guidance can be found at paragraphs 10.38 – 10.42 of the Lord Chancellor’s Guidance Under Section 4 Of The Legal Aid, Sentencing And Punishment Of Offenders Act 2012 which can be found here
There is no requirement for applicants or respondents to satisfy additional gateway criteria (e.g. evidential “domestic abuse” gateways under historic LASPO provisions). The Schedule 1 DA evidence requirements do not apply to DAPOs.
Whether respondents to DAPO proceedings are required to satisfy any additional or different criteria in order to qualify for legal aid, and whether respondent representation is treated differently depending on whether the proceedings are issued in the family court or arise in the context of criminal proceedings. i.e. does the Respondent need to indicate or prove that he/she are a victim of DV.
No.
Whether any specific guidance, regulations, or operational policy documents apply to DAPO funding decisions (including CCMS categorisation, applicable matter types, and any relevant cost limitations). Can you also clarify if there is a fixed fee attached to this.
As per response to question 1, the relevant legislation and amendments to legal aid regulations are set out in:
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023;
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Orders 2024; and
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025
The fees associated for DAPOs related work under civil legal ais are set out at tables A-G (Paragraphs 19.9 -19.21) of the 2024 Standard Civil Contract DAPO Pilot Scheme Specification sets out the circumstances where civil legal aid is available to the Applicant and Respondent as well as the relevant fees payable for that work under the 2013 Civil Legal Aid (Remuneration) Regulations.
Guidance for SaBC Claims sets out the Fee codes and Matter Type 1 Codes that should be used when reporting DAPOs related controlled work. These are:
Fee Codes:
Matter Type 1 Codes:
Civil Representation Guidance on Proceeding Codes: Proceedings Codes and Standard Wordings for post-April 2013 Certificates (V11 November 2024) sets out the proceeding codes to be used when reporting DAPOs related Licensed Work. These are:
Additional Guidance can also be found at paragraphs 10.38 – 10.42 of the Lord Chancellor’s Guidance Under Section 4 Of The Legal Aid, Sentencing And Punishment Of Offenders Act 2012 which can be found here and at section 6.19 of the Criminal Bills Assessment Manual (CBAM).
Whether there are circumstances in which criminal legal aid would apply to a respondent in DAPO-related proceedings, and how this interacts with civil legal aid provision.
Yes. Paragraph 13.13 of the 2025 Standard Crime Contract Specification set out the circumstances where criminal legal aid is available in relation to DAPOs. Additional information can be found at section 6.19 (and related Annex E) of the Criminal Bills Assessment Manual.