All decisions taken regarding legal funding must be considered in light of the relevant provisions contained within the Northern Ireland Commissioner for Children and Young People (NI) Order 2003.
APPLICATION FOR ASSISTANCE IN RELATION TO LEGAL PROCEEDINGS (Article 15)
- Do the proceedings involve law or practice concerning the rights or welfare of children or young people or does the child or young person wish to rely on such law or practice?
- Does the case raise a question of principle?
- Would it be unreasonable to expect the child or young person to deal with the case without assistance because of complexity, his position in relation to another person involved or for some other reason or are there special circumstances?
- Is any other body likely to provide such assistance?
If the proceedings meet the above criteria, please complete, and submit the application form below:
NICCY Application for Legal Funding Article 15
If the Legal Funding Committee is satisfied that the proceedings meet the above criteria and that no other body is likely to provide such assistance, it will consider the Secondary Criteria:
Secondary Criteria for an Application under Article 15:
- Is the issue one of strategic importance to NICCY?
- Is there a reasonable prospect of success?
- Would a positive outcome set a precedent which would benefit a wide range of children and young people in Northern Ireland?
APPLICATION FOR FINANCIAL ASSISTANCE WITH A COMPLAINT (Article 11)
- Is the complaint that the rights of the child or young person have been infringed or adversely affected?
- Is there any other person or body likely to provide financial assistance?
If the complaint meets the above criteria, please complete, and submit the application form below:
NICCY Application for Legal Funding Article 11
If the Legal Funding Committee is satisfied that the complaint meets the above criteria and that no other body is likely to provide such assistance it will consider the Secondary Criteria:
Secondary Criteria for an Application under Article 11:
- Does the complaint concern an area which has been highlighted to us through our casework function?
- Would the child or young person be unable to pursue their complaint properly without our financial assistance?
- Is there potential to bring about a change in practice which could benefit either this child or a number of children in the future?
After the completed Application form is submitted, a meeting of the Legal Funding Committee (“LFC”) will be convened within 5 working days.
The Applicant will be informed in writing of the decision of the LFC within 5 working days of the meeting taking place.
The Applicant will have a right of appeal against a refusal to support a case through funding. This must be filed with the Commissioner within 10 working days of the date of the letter refusing funding or assistance.
The Commissioner alone shall consider the appeal within 15 working days. An appeal shall only be successful if the Legal Funding Criteria have not been applied correctly.