ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 3: Abuse of child or vulnerable adult
827.This paragraph brings within the scope of civil legal aid services provided in relation to the abuse of an individual that took place when the individual was a child or vulnerable adult.  Such services are within the scope of civil legal aid if they are provided to the individual concerned.  They are also within the scope of civil legal aid if the individual concerned has died and the services are provided to the individual’s personal representative or for the purposes of a claim under the Fatal Accidents Act 1976 for the benefit of the individual’s dependants.  This will include services provided in relation to claims by individuals who allege abuse in local authority care, and claims against a local authority for failure to take an individual into care.  This paragraph will also include claims against the alleged perpetrator of abuse.
828.Sub-paragraph (2)(a) applies the exclusions in Part 2 except in relation to personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of breach of statutory duty, and damages claims against a public authority (within the meaning of section 6 of the Human Rights Act 1998) for breach of Convention rights (as defined in that Act) to the extent the claim is made in reliance on section 7 of that Act. Sub-paragraph (2)(b) applies the exclusion in Part 3.
829.Sub-paragraph (3) sets out a specific exclusion for services in relation to clinical negligence. Sub-paragraph (4) excludes services provided in relation to a matter arising under a family enactment (as defined in paragraph 12 of Part 1 of Schedule 1).