Who is the decision maker?
Managing solicitor/delegated certificates grantor
Applications for private family law remedies in the District Court or for a Circuit Court Appeal can be granted at law centre level by the managing solicitor or a person who has been delegated the authority to do so by the managing solicitor.
Applications under the Domestic Violence Act 1996
- Barring order – an order directing a person to leave the place where the applicant is and not return for the period of the order.
- Safety order – an order requiring a person not to use violence or threaten to use violence against the applicant.
- Protection order – similar to a safety order but granted for a limited period, until an application for a safety order or barring order is heard.
- Interim Barring Order – a barring order granted in urgent and severe cases of domestic violence granted for a limited period, until an application for a barring order is heard.
Maintenance – an application by a spouse to require the other spouse to make payments for their upkeep, or by a parent to require the other parent to make payments for the upkeep of a child
- This includes applications to vary (change) or discharge (end) the maintenance order.
- It also includes applications to enforce the maintenance order if payments aren’t being made through the District Court Clerk.
- Attachment of Earnings – an order requiring the payments to be deducted at source from a person’s income - from a where these are the sole proceedings being taken at that point in time;
Any proceedings under the Guardianship of Infants Act 1964 including but not limited to:
- Guardianship – establishing parental responsibility
- Custody – an application to decide who has primary care and control of a child
- Access – contact between a parent who doesn’t have custody and a child.
- Variation of access and custody
Under the Family Home Protection Act 1976, Section 9 - where proceedings relate to the disposal or removal of property belonging to the household.
Applications for a change of solicitor (other than a managing solicitor) can also be made to the managing solicitor in the law centre. This function cannot be delegated further.
A certificate granted in a law centre is known as a Delegated Legal Aid Certificate if it is being granted for representation by the law centre and a Private Practitioner Legal Aid Certificate if it is being granted for representation by a member of the solicitors panel.
Some of the above proceedings cannot be referred to the District Court family law solicitors panel (proceedings under the Family Home Protection Act 1976).
Applications are made on EOS to the Delegated Certificates Grantor. All managing solicitors have been given that user role. IT Unit will give the user role to another member of staff on request by the managing solicitor.
In all other cases the decision maker is Legal Services. Submissions to Legal Services are made in the first instance to the “Legal Services Submissions Inbox”. Upon receipt of a submission staff in Legal Services will refer the submission to the correct decision maker.