legal aid reforms

Working to be a respected commissioner and administrator of legal aid

Legal Aid Reforms

Case Management Training 15 February 2013


Welcome

• Welcome and Introductions

• Housekeeping

• What are we doing today?

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Objectives of the day

• Provide an overview of the legislation and regulations so that you understand the new legislative framework for civil legal aid and how it will operate

• Opportunities to ask questions

• Know where to find further information

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The LASPO Act

The LASPO Act provides the new legal framework of the legal aid scheme. The structure of the Act is set out below and the most important sections are in bold. You will need to be familiar with the key sections:

• Sections 1-7 covering roles of the Lord Chancellor and Director of Legal Casework

• Sections 21-26 covering eligibility, contributions and the statutory charge

• Schedules 1 covers what is in scope of civil legal aid. Schedule 1 is key as it lists the work that remains in scope for legal aid

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Terminology

• The legislation uses different terminology and it is important that we start to use this e.g.

• The Act gives a very specific meaning to “Exceptional cases”. Therefore what we used to call “exceptional cases” i.e. when they go over 3x the standard fee are now described in the Contract as “escape fee cases”

• Funding decisions are now referred to as “determinations”

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New terminology Old terminology

Forms of service Levels of service

Delegated functions Devolved powers


Director of Legal Aid Casework

• The new Director of Legal Aid Casework will have a statutory responsibility for taking decisions about legal aid in individual cases (referred to as ‘determinations’)

• The Director will also have the power to make legal aid available for cases not in scope through exceptional case funding

• Some functions of the Director are delegated e.g. caseworkers still continue to make determinations

• The Lord Chancellor has powers to make secondary legislation e.g. levels of remuneration and the merits tests to be applied in each type of case

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Sections 21 – 26 – financial resources

• These sections cover:

• Determinations about financial eligibility• Information about a client’s financial resources• Client’s contribution of costs and enforcement • Charges on property in connection with civil legal aid• Costs in civil proceedings

• The detail of these will be covered in the section on eligibility.

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The LASPO Act Schedule 1 Part 1

• LASPO takes the opposite approach to the Access to Justice Act

• Under AJA most work was within the scope of civil legal aid unless it was specifically excluded

• Under LASPO unless the work is explicitly listed in Schedule 1 it is not in scope of legal aid

• Schedule 1 lists work in scope by type of work and not by category of law. For example work we define as the “ Actions Against the Police” category is listed in paragraph 3 (Abuse of a vulnerable client) and at paragraph 21 (abuse of position or powers by a public authority)

• So the Act is concerned solely about whether work is in scope of legal aid whereas we are also concerned that it is in scope for the category in which the provider holds a contracts

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The LASPO Act Schedule 1 Part 2

• Part 1 states which exclusions apply to it from Parts 2 and 3 and all 3 sections should be read together to establish if advice on a matter is within scope of the Act

• Part 2 lists the services that are excluded from scope. For example it says that civil legal services in connection with conveyancing are out of scope (Paragraph 9).

• However under Part I it explicitly states that services arising out of a family relationship where the client has been a victim of domestic violence can include services provided in relation to conveyancing (Paragraph 12 (4))

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Part 3

• Part 3 of Schedule 1 excludes advocacy for all proceedings unless specifically listed (these exclusions closely mirror current provisions in the Funding Code)

• In some instances, the extent of advocacy services permitted in a forum is limited to specific proceedings

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Civil Legal Aid Regulations

• The Funding Code will no longer exist. Everything will be set out in Regulations and there will be approximately 20 sets of regulations. The key ones are:

• Civil Legal Services (Merits Criteria) Regulations 2012 • Civil Legal Services (Procedure) Regulations 2012

• Other important Regulations are:• Remuneration Regulations replace the Payment Annex to the Contract• Eligibility Regulations replace existing financial regulations

• Some of the Regulations are still being drafted

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Civil Legal Aid (Merits Criteria) Regulations

• Merits Criteria Regulations set out the merits criteria that will apply to a case and replace the Funding Code Criteria

• The effect of the merits criteria is intended to replicate the effect of the Funding Code.

• The substantial change is that all applications for Legal Representation, save for Family and Mental Health Tribunal cases, must satisfy the decision maker that a case is not suitable for a CFA

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Merits Regulations Part 1

• There are no changes to the merits tests but they are set out in a different way in the regulations as shown below:

Merits Test Regulation (New)

Funding Code Criteria (Old)

Prospects of Success Regulations 4 & 5

Criterion 2.3

Public Interest Regulation 6 Criterion 2.4

Reasonable Private Paying Individual Test Regulation 7

Proportionality Test Regulation 8

Likely Damages Regulation 9 Criterion 2.3

Likely Costs Regulation 10 Criterion 2.3

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Merits Regulations Parts 2, 3, 4, 6• Part 2 sets out the forms of civil legal services that are available, such as Legal Help,

Help at Court etc. Existing forms of service remain the same and there is a new form of service – Help with Family Mediation

• Part 3 sets out which forms of civil legal services are available in different categories of law for example Family Help (Higher) is only available in Family

• Part 4 sets out the general criteria for each form of civil legal services which are almost identical to the criteria set out in the Funding Code

• Part 6 sets out specific merits criteria for certain types of cases and there are a few minor changes for example the Regulations include criteria for representation in the Court of Protection, that is, the Director must be satisfied that the Court of Protection has ordered, or is likely to order an oral hearing, and it is necessary for the individual to be provided with full representation in the proceedings

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Civil Legal Aid Procedure Regulations

• The Procedure Regulations set out how legal advice should be conducted and replace the Funding Code Procedures

• The following areas are covered by the Regulations:– Part 1 Interpretation and General– Part 2 Gateway Work– Part 3 Controlled Work– Part 4 Licensed Work– Part 5 Emergency Representation– Part 6 Special Case Work– Part 7 Family Mediation– Part 8 Exceptional Cases

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Procedure Regulations Part 4 – Licensed Work

• Part 4 of the Procedure Regulations set out the supporting documents that must be submitted when making specified applications for Licensed Work:

Regulation Evidence Requirements

Regulation 32 Where the application requires the Director to consider likely damages

Regulation 33 Evidence of domestic violence or risk of domestic violence – will cover this in the family section

Regulation 34 Evidence of protection of children – will cover this in the family section

Regulations 50-53 Emergency Representation

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Licensed Work – Reviews and Appeals

• The client has a right of review against a decision that:• Regulation 44 - Case is not in scope or the client does not qualify• Regulation 69 – the case does not qualify for Exceptional Case Funding

• There is a further limited right of appeal to an independent adjudicator

l Right of appeal No right of appeal

Against merits decisions Against means decisions

Against a case being outside of scope of civil legal aid

Against a decision that the case does not meet Exceptional Case Funding criteria

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Exceptional Case Funding

• Exceptional Case Funding (ECF) is defined in Section 10 of Part 1 of the Act and Part 8 of the Procedure Regulations

• It allows for funding of cases that fall out of scope, which breaches an individual’s Convention rights (Human Rights Act 1998) or some enforceable EU right

• A special unit has been set up to deal with all of these applications

• MoJ will shortly publish guidance on the scheme

• To apply for ECF in an existing category a provider must have a contract in that category or apply for an Individual Case Contract (ICC) provided that the effective administration of justice (EAJ) test (Reg 31(5)) is met

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Transitional Regulations

• The Regulations will set out how cases started under the Access to Justice Act (AJA) 1999 will be treated once Part 1 of the LASPO Act has commenced

• Cases will be subject to the following arrangements:– Any application made before 1 April 2013 will be considered under the

AJA in relation to means, merits, scope and remuneration– Any application made on or after 1 April 2013 will be subject to the

LASPO provisions– Applications that are rejected before 1 April 2013 will not be considered to

be made before 1 April 2013 for the purposes of making any subsequent application

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Civil Eligibility Regulations

• No changes to thresholds for eligibility and payment of contributions

• Income contributions will increase by up to 30% for those with higher levels of income and liable to pay a contribution

• The proposal to take all equity in the client’s home into account was dropped therefore:– £100k equity disregard remains– £100k mortgage disregard remains– Capital assessment of those on passporting benefits– Subject Matter of Dispute (SMOD) disregard restricted to £100k for

controlled work

• Further detail on eligibility later in the day

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Contract Category Definitions

• Amended to update terminology and changes to the scope of civil legal aid

• The definitions are wider than the scope definition set out in the LASPO Act because they cover all work that could potentially come back in scope through ECF

• All cases under the Equality Act 2010 or a ‘previous discrimination enactment’ will fall under the new 2013 Discrimination category

• Where a case under the Equality Act also falls under another contract category (e.g. AAP) it can be funded by a provider working in that category

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Guidance

• Existing guidance will be replaced from 1 April 2013 as follows:

New guidance Broadly replaces

Lord Chancellor’s Guidance Funding Code Decision Making Guidance

Other LAA – Still to be agreed Funding Code Decision Making GuidanceCost Assessment Manual

Guidance on the DV evidence requirements NEW

Guidance for Reporting Controlled Work and Controlled Matter Starts

Civil Codes GuidanceGuidance for Reporting Controlled WorkProcurement Areas and Access PointsHCDPS reference data

LAA Manual – still to be agreed LSC Manual

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Forms and codes• Forms have been updated to reflect new terminology, changes to the legal aid scheme,

requirements for data protection

• For example, the Civil APP3 will require a provider to state that evidence of domestic abuse is being provided if this is required

• The CLSAPP7 Form (consideration of mediation) is no longer required before making an application for legal aid

• The POA Form has been revised in light of issues of interim billing of Phase II fees

• New ECF Form

• Important that providers use new forms after 1 April 2013

• New proceedings codes

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Scope of Legal Aid: Family

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What remains in scope?

Remains in scope Out of scope

Public law proceedings Children and finance applications (including divorce) unless the client can demonstrate:

(a) They have been a victim of or at risk of domestic violence and they have the prescribed supporting evidence; or

(b) the child who is or would be the subject of the proceedings is at risk of harm from another individual against which risk of abuse the order is to provide protection and they have the prescribed supporting evidence

Protective Injunctions - non-molestation order, occupation order, forced marriage protection order and other protective orders and injunctions

Children under 18 whether an applicant, respondent, or joined as a party

Unlawful removal of children - securing an order to prevent the unlawful removal of a child from the UK or secure the return of a child unlawfully removed from or within the UK

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Domestic Violence Definition

The definition of domestic violence in LASPO has been amended to reflect the new cross-government definition. This can be found in the Legal Aid, Sentencing and Punishment of offenders Act 2012 (Amendment of Schedule 1) Order 2013.

The new definition is:

domestic violence” means any incident, or pattern of incidents, of controlling, coercive or threatening behaviour, violence or abuse (whether psychological, physical, sexual, financial or emotional) between individuals who are associated with each other;”.

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Private Family Law – DV criteria

• Paragraph 12 (1) of Part 1 of Schedule 1 of LASPO sets out the Private Law proceedings that are in scope for legal aid, namely:

‘Matter[s] arising out of a family relationship between A and another individual (“B”) where –

a) There has been, or is a risk of domestic violence between A and B; and,

b) A was, or is at risk of being, the victim of that domestic violence’

• There are specific evidentiary requirements to satisfy the domestic violence criteria which are set out in legislation

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Domestic Violence - Evidence

• Regulation 33 of the Civil Legal Service (Procedure) Regulations 2012 sets out the evidence required for applications:

1. Relevant unspent conviction for a DV offence

2. Relevant police caution for a DV offence

3. Evidence of relevant criminal proceedings for a DV offence which have not concluded

4. Relevant protective injunction

5. Undertaking given in Court

6. Multi-Agency Risk Assessment Conference (MARAC) plan

7. A copy of a court record of a finding of fact

8. Letter from a health professional

9. Letter from a Social Services department

10. Admission to a domestic violence support organisation

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Domestic Violence – Evidential Requirements

• Only one item of evidence is required to satisfy the evidential requirements

• The evidence must be within 24 months of the date of the application

• The evidence must be obtained when making the applictaion

• The Funding to obtain the required evidence is not available under the legal aid scheme

• There will be template letters that will assist clients who are trying to obtain evidence

• MoJ published a list fof DV offences

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Child Protection – Evidential Requirements• Regulation 34 of the Civil Legal Service (Procedure) Regulations 2012 sets out the

supporting evidence required for these applications:

1. A relevant unspent conviction for a child abuse offence

2. A relevant police caution for a child abuse offence

3. Evidence of relevant criminal proceedings for a CA offence which have not concluded

4. A relevant protective injunction

5. A copy of the court record of a finding of fact of abuse of a child by B

6. A letter from a social services department confirming that the child has been assessed as being, or at risk of being, a victim of child abuse by B

7. A letter from a social services department confirming that, a child protection plan has been put in place to protect the child from abuse or the risk of abuse by B

8. An application for an order for a protective injunction made with an application for a prohibited steps order against B under section 8 of the Children Act 1989(a) which has not, at the date of the application for civil legal services, been decided by the court

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DV and Child Protection – Applications

• The fixed fee and hourly rates for this work remain unchanged

• The specific type of evidence used to permit funding must be included:

– On the APP3 Form when applying for Licensed Work

– On the file when granting Controlled Work

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Children

• Children under the 18 are eligible for legal aid in all family proceedings as defined in the act where:

a) They are (or propose to be) the applicant or respondent OR

b) They are made a party to the proceedings under FPR 16.2 OR

c) They are a party to the proceedings and are conducting or propose to conduct the proceedings without a guardian under FPR 16.6

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Child Abduction

• Funding for cases involving international child abduction remain unchanged

• Legal aid is available for securing an order to prevent the unlawful removal of a child from the UK or secure the return of a child unlawfully removed from or within the UK

• There will be disputes about when a child has been abducted “within” the UK

• Unlike the domestic violence and child protection criteria these proceedings do not trigger funding for other aspects of the case

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EU and International Agreements

• Funding for enforcing certain EU and International Agreements is in scope for legal aid

• These are set out in Paragraphs 17 and 18 of Part 1 of Schedule 1 of LASPO

• EU maintenance regs – generally expect to see this at Controlled Work

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Contracts – Family Specification

• The definition of Family in the category definition document covers work that may be claimed under ECF funding

• The contractual provisions for Legal Help and Family Help will remain the same under the 2013 contracts e.g. when specific fees may be claimed

• There is no change to the Family Fee Schemes

• Contains provisions about when Help with Family Mediation can be claimed

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Other changes

• There is no longer a requirement for a client to consider mediation before making an application for a family certificate therefore there is no requirement to submit a CLSAPP7 with the application


Scope of Legal Aid: Housing (and debt)

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Scope: Housing• The table below shows what is in and out of scope for legal aid for the housing

category:

Remains in Scope Out of Scope

Possession of an individual’s home (other than mortgage possession) All other Housing cases, including (but not limited to):

(a) possession of an individuals home arising out of failure to make payment due under a mortgage

(b) less serious disrepair claims where the disrepair does not pose a serious risk to health and safety of an individual or their family

(c) issues in relation to Housing Benefit

Provision of accommodation and assistance for an individual who is homeless or threatened with homelessness, including the provision of accommodation by way of community care services

Housing disrepair where there is a serious risk of harm to the health and safety of an individual or a relevant member of the individual’s family

Anti-social behaviour matters in the county court (and, where permitted by the Housing contract, ASBO cases in the Magistrates’ Court and the Crown Court)

Injunctions concerning harassment in the home

Provision of accommodation in relation to asylum support

Eviction from an individual’s home, including unlawful eviction

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Scope: Debt

The table below shows what is in and out of scope for legal aid for the debt category


Possession of an individual’s home arising out of failure to make payment due under a mortgage

Possession where someone owns another property and the matter relates to a different property to the one they live in

Court orders for sale of an individual’s home Non-priority debts where a creditor is not seeking/has not sought an order for sale

A bankruptcy order against the individual where the estate includes the individual’s home and where the petition for bankruptcy was not presented by the client (involuntary bankruptcy)

Matters relating to the making or setting aside of a charging order

Bankruptcy where a homeowner is seeking to make themselves bankrupt

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Telephone Gateway - Debt

• Although Housing & Debt are being contracted together, Debt will be subject to the mandatory telephone gateway unless the Client is ‘exempt’

• If on referral to the telephone gateway telephone advice is considered inappropriate, the client will be referred to a face-to-face provider

• Providers must not open a NMS in Debt unless they have been provided with a valid CLA reference number or their client is an Exempted Person

• Legal Representation IS NOT GATEWAY WORK

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Scope of Legal Aid: Discrimination

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Scope: Discrimination

• From April 2013 the following work will be in scope and funded under the new Discrimination category of law:– All cases under the Equality Act 2010 – All cases under a ‘previous discrimination enactment’ (e.g. Race

Relations Act 1976)

• Services will no longer be commissioned in Employment or Consumer and General Contract so cases under the Equality Act in these categories can only be funded via the new Discrimination category

• It is expected that the vast majority of cases funded will be in the field of employment

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Scope of Legal Aid: Education

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Scope: Special Education Needs (SEN)

• The table below shows what is in and out of scope for legal aid for Education:

Remains in Scope Out of ScopeSpecial Educational Needs Admissions (except discrimination)

Discrimination Exclusions (except discrimination)

Judicial Review Negligence

Institution establishment/reorganisation

Grants, transport and other LA services

Non-attendance proceedings

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Scope: Special Education Needs (SEN)

• SEN covers advice, assistance and representation on all matters arising under Part 4 of the Education Act 1996 e.g. from formal requests for statutory assessment to applications to the First-Tier (SEND) Tribunal

• Advice and assistance in relation to learning difficulty assessments under section 139/140A of the Learning and Skills Act 2000 is also covered e.g. advice on making a complaint to a local authority for not having made such an assessment

• Importantly, a child does not already need to have a statement of SEN to qualify for legal aid in this area

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Scope: Discrimination

• All advice, assistance and representation in relation to a contravention of the Equality Act 2010 in education law is covered e.g. claims made under the enforcement provisions set out in Part 9 of the Equality Act

• Claims made in reliance on provisions in the Equality Act are also covered e.g. on an exclusion appeal to an Independent Review Panel where discrimination is alleged

• The provision of such assistance is limited to Equality Act advice alone and any out of scope work would be disallowed as ultra vires

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Scope: Other Work

• This category covers any ad hoc advice as long as it relates to the provision or quality of education

• For example, this would include an application for judicial review where the matter involved the provision of funding of education

• It would also include a judicial review of the decision of a school admission appeal panel

• There may be other small areas where it may be possible to obtain advice on an education matter using legal aid

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Merits and Procedures

Applications to the First-Tier (SEND) tribunal and the Special Education Needs Tribunal for Wales are funded at this level of service and advocacy is not permitted before these forums

•The Civil Legal Aid (Merits Criteria) Regulations set out the criteria that needs to be met for granting legal representation

•The vast majority of applications will be for:• Appeals to the Upper Tribunal (cases determined according to the General

Merits Criteria in Part 4 of the regulations)• Judicial Review (Cases brought by way of Judicial Review are determined

according to the criteria in Chapter 2, Part 6 of the regulations)

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Scope of Legal Aid: Welfare Benefits

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Scope: Welfare Benefits

• The table below shows what is in and out of scope for legal aid for Welfare Benefits:


Legal Help for appeals on a point of law to the Upper Tribunal and higher courts

All other welfare benefits work

Legal Representation for appeals to the Court of Appeal and the Supreme Court on a point of law in relation to all welfare benefits

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Scope of Legal Aid: Miscellaneous

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Scope: Miscellaneous and other categories

• This is not a separate category, all work that does not fall into another category will be classified as Miscellaneous

• The is more work now classified as Miscellaneous because a number of categories have been terminated and the small amounts of work that can still be done (for example PI) will be done as Misc.

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Scope: MiscellaneousRemains in Scope In addition (New) Out of Scope

Land and Environment Law - Miscellaneous only

Environmental pollution/nuisance in which injunctions are sought

Proceedings under Arbitration Act 1995

Some harassment work - where not in other categories.

Formerly personal injury work (sexual offences, serious wrongdoing by a public authority, abuse of a child or vulnerable adult)

Contentious probate & non-family wills

Inquests – where not under another category Gang related violence and injunctions (New legs.)

Change of name

Working with children and vulnerable adults (under various legislation) - Miscellaneous only

Some Proceeds of Crime Act 2002 work

European Court of Justice proceedings - where not in other categories

Damages claims for victims of human trafficking Law - Miscellaneous only

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Clinical Negligence and Personal Injury

• Any application in a Personal injury case will need to be assessed by the Special Cases Unit

• Cases involving claims for damages in respect of clinical negligence which caused a neurological injury to a baby resulting in them being severely disabled will remain in scope. However, the clinical negligence must have occurred either in the mother’s womb or during or after birth (approximately8 weeks from the date of birth or from the 37th week of pregnancy subject to certain conditions.

• Given the number of cases brought back into scope through the above concession and through ECF the existing clinical negligence contracts will continue.

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Financial Eligibility

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Financial Eligibility Changes

• There are three key changes to financial eligibility:

• Capital passporting will be abolished - All applicants for civil legal aid will be subjected to a capital means assessment

• Income contributions will increase - From a maximum of 20% to 30% for those applicant’s with a higher disposable income

• Subject Matter of Dispute will be applied to controlled work – this already exists for legal representation

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Capital Passporting

• A client in receipt of a passporting benefit will automatically qualify below the income threshold for income assessment purposes

• From 1 April 2013, the capital resources of a passported client (and their partner) should be assessed in the same way as non-passported clients using the new CIV Means 2 form

• In other words, they will be subject to the same capital test and capital threshold of £8,000

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Passported Applicants

A provider should submit a CIV Means

1C…

• If an applicant receives a passporting benefit AND is a company director/shareholder in a Ltd company


2…

• If an applicant receives a passporting benefit AND has capital assets


2…

• If an applicant receives a passporting benefit AND receives financial support from third parties


2A…

• If an applicant receives a passporting benefit AND runs their own business

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CIV Means 2 Form

• The CIV Means 2 form has the same purpose as the existing CIV Means 1

• It asks similar questions about capital assets if your client receives a passported benefit

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CIV Means 2A Form

• The new CIV Means 2A must accompany an application for a passported client who runs their own business

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Income Contributions

• For contributory Legal Representation cases, the threshold will not change but income contributions will increase from the 1 April as follows:

Band Current Calculation

Future Calculation

Monthly Disposable Income

Current Monthly

Contribution

Future Monthly

Contribution

New Contribution as % of

Disposable Income

A£316-£465

25% of income over

£311

35% of income over

£311

£316.00 £1.25 £1.75 0.6%

£390.50 £19.88 £27.82 7.1%

£465.00 £38.50 £53.90 11.6%

B£466-£616

£38.50 + 33% of income over £465

£53.90 + 45% of income over £465

£466.00 £38.83 £54.35 11.7%

£541.00 £63.83 £88.10 16.3%

£616.00 £88.83 £121.85 19.8%

C£617-£733

£88.85 + 50% of income over £616

£121.85 + 70% of

income over £616

£617.00 £89.35 £122.55 19.9%

£675.00 £118.35 £163.15 24.2%

£733.00 £147.35 £203.75 27.8%

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Subject Matter of Dispute• Subject Matter of Dispute (SMOD) currently applies at Legal Representation and is being extended to Controlled Work –

this is new for providers

• The capital disregard for assets that are SMOD will be capped at £100,000 – any excess must be included in the means assessment

• A client’s interest in a SMOD assessment should be carried out as follows:

SMOD Asset Capital Assessment

Held in client’s sole name Client’s interest assessed at 100%

Held in joint names Client’s interest assessed at 50%

Held in opponent’s name Cannot be assessed in client’s interest

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Subject Matter of Dispute

• Where a client’s main home is in dispute disregards must be applied in the following order:

• If the property is not the client’s main home apply the first two disregards in the same order but do not apply the third

Order Disregard Maximum Value

1 Mortgage Disregard £100,000

2 SMOD Disregard – always applied to the main home first then other property and assets

£100,000

3 Equity Disregard £100,000

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CCM Means Calculator

• A new improved Civil Case Management (CCM) means calculator tool can be found on our website and providers are strongly advised to use it to avoid errors

• This calculator will carry out complex calculations for both income and capital and print a results summary for provider’s files

• Controlled Work (CW) forms can be printed directly from the calculator pre-populated with the data entered to carry out the assessment

• New versions of forms must be used from 1 April 2013 and provider’s will not be paid if the wrong version of forms is used

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• Making an application for exceptional case funding (ECF):

• A provider must consider the MoJ published guidance when making applications

• There is no emergency application but a provider can mark it as ‘urgent’

• For urgent cases, if certain criteria are met, the LAA will look to progress the application as quickly as possible

• ECF applications could be for legal representation or controlled work

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Applying for ECF

• Criteria to consider when applying for exceptional case funding:

• Funding will only be granted to providers who are contracted in the relevant category of law unless:

• The effective administration of justice test applies, or

• The case does not fit within the contracted category definitions

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Applying for ECF

• To apply for either controlled work or civil representation a provider will need to:

• Complete the same forms as for in scope applications e.g. the APP1 or CW1 and relevant means forms

• In addition, the new ECF1 form must be completed

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Consideration of ECF Applications

• ECF Applications will only be successful if they meet: • The relevant means tests• The applicable merits tests• The MoJ published ECF criteria

• There are no delegated functions (previously known as devolved powers)

• All applications must be sent to the LAA for consideration

• There is no right to appeal decisions taken on the grant of ECF funding however there is a right to review

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Process for Managing ECF Cases• Where a certificate is issued, funding will usually be backdated to cover the

cost of making the application. This will be to the date of the clients first attendance in connection with this matter

• There will be no self-grant available for controlled work or legal representation

• Work will be remunerated at the level that would have applied had the case remained in scope

• Certificates will proceed as they would for a standard funded case for example:• An offer must be accepted• Conditions and limitations will apply• POAs and prior authorities may be applied for

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Process for Managing ECF Cases

• The LAA may consider whether the case continues to meet the ECF criteria at any time throughout the life of the case e.g. when an amendment to a certificate is submitted

• At the end of the case the work conducted will be assessed and the claim paid as usual

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Transitional Arrangements

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Transitional Arrangements: Key Points 1

• In order to ensure that there is managed change from the Access to Justice Act 1999 (AJA) to LASPO certain transitional arrangements will be in place

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• However, rejected applications that are dated before 1st April 2013 will not be considered to be made before 1st April 2013, for the purposes of making any subsequent application

• Rejected applications dated on or before 31st March 2013, which are re-submitted after the 1st April 2013 will be considered under LASPO

• From the 1st April, new forms must be used. If an incorrect form is submitted, it will be rejected or nil assessed

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• Ongoing Controlled Work cases started before 1st April 2013 will continue to be considered under the AJA until a further application for another type of funding (e.g. Licensed Work) is made or the case is closed

• Likewise, ongoing certificates under Licensed Work will be funded under AJA until a further application for another type of funding (e.g. Family Help Higher to Legal Representation) is made or the case is closed

• Where a reassessment of means is required it will be considered under AJA (unless eligibility limits are uprated following the introduction of LASPO)

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Transitional Arrangements: Application Date

• An application will be considered as having been made before 1st April 2013 in the following circumstances:

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Transitional Arrangements: Certificated Work

• Due to the much longer nature of Certificated Work cases, it is not reasonable to expect providers to complete all cases regardless of their contract status

• If a case is transferred then each provider will be reimbursed for their input to the case on the basis of hourly rates or in Family, the relevant rules

• Any transfer of out of scope cases occurring post 1st April 2013 should only be to providers who held the correct authorisation under the 2010 contract who are continuing with remainder work

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Group Discussion: What’s Missing?

What additional tools are required?

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References

• Transitional Regulations• CLA Operations Manual• Civil Representation Guidance• Exiting Providers SOP• Withdrawing providers SOP• List of terminology changes• Online modules (list)

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legal aid reforms

Documents