Residence test

The Supreme Court has decided that the proposed residence test was unlawful: see the external links on the R (Public Law Project) v SSJ [2014] EWHC 2365 (Admin), [2014] MHLO 46 page. Under the proposed residence test, civil Legal Aid would only be available to those who are lawfully resident (in the UK, Crown Dependencies or British Overseas Territories) at the time the application for civil Legal Aid was made, and also had been so resident for a continuous period of at least 12 months at any point in the past. There were some proposed exceptions to the residence test. In the mental health context, these are services in relation to ‘the discharge of a patient liable to be detained or recalled’ under the MHA 1983 or deprivation of liberty authorised by the MCA 2005 (draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014).


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