Amended Guidance on exceptional legal aid (s10 LASPO) has been published here.
The revised guidance requires case workers to approach the assessment of each case on an open-minded basis, with no presumption about the proportion of applications that are likely to succeed. The basic test set out by the Court of Appeal in R (Gudanaviciene and others) v Director of Legal casework and the Lord Chancellor  EWCA Civ 1622 features prominently and case workers are reminded at several points that:
“The overarching question to consider is whether the withholding of legal aid would mean that the applicant is unable to present his case effectively and without obvious unfairness”
Particular factors to be weighed in the balance are:
• How important are the issues at stake?
• How complex are the procedure, the area of law or evidence in question?
• How capable is the applicant of presenting their case effectively?
It will be interesting to see if and when this translates into a shift in the statistics on grants of exceptional case funding in family cases.