Author Archives: Vicky

LASPO review – still much to do

The Ministry of Justice published its analysis of the impact of LASPO in February. Although it acknowledges that the Legal Aid Sentencing and Punishment of Offenders Act 2012 damaged access to justice in England and Wales, the scale of any improvements is disappointingly modest. The government committed to spending only £8 million – a tiny fraction of the amount cut from the legal aid budget since 2013. At the All Party Parliamentary Group meeting on 27 February, Lucy Frazer QC MP (Under Secretary of State for Justice) stated that there would also be additional expenditure on some of the initiatives which had been announced; but this was not quantified.

There are some glaring ommissions – for example failing to extend legal aid for inquests or provide any legal aid to assist the ‘Windrush’ generation. The list of concrete proposals with dates attached is to be welcomed. They seem more likely to be implemented than the more ambitious list of initiatives with no target dates; but only time will tell.

2019

  • Expand scope to include separated migrant children in immigration – by 2019
  • Non-means-tested legal aid for parents/people with parental responsibility who wish to oppose applications for placement orders in public law proceedings – by summer 2019
  • Test changes to improve triage and signposting by the Civil Legal Aid telephone service – by summer 2019
  • Implement a campaign to improve awareness of legal aid – by autumn 2019
  • Expand scope to include special guardianship orders – by autumn 2019
  • Pilot and evaluate the expansion of legal aid for early advice in a specific area of social welfare law – by autumn 2019
  • Review whether the exceptional case funding scheme can be simplified – by the end of 2019
  • Enhance provision for litigants in person and increase funding to the litigants in person support strategy to £3 million for the next two years

2020

  • Renove the mandatory telephone gateway in Debt, Discrimination and Special Educational Needs – by spring 2020
  • Review the legal aid means test – by summer 2020
  • Review crime legal aid fee schemes – by summer 2020
  • Conduct a review of regulatory and administrative requirements passed on to providers and streamline where possible – by the end of 2020

No specific timetable

  • Work with the Law Society to explore an alternative model for family legal aid
  • Consult on proposals to provide separate guidance for families on legal aid for inquests
  • Undertake a pilot to explore how signposting can be better co-ordinated
  • Pilot, test and evaluate holistic legal support hubs ot support early resoltion of legal problems
  • Work across government to reduce preventable demand
  • Foster a culture of innovation and use data more effectively
  • Set up a Legal Support Advisory Network to make use of external expertise to shape research and evaluation

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Filed under Civil, Costs, Crime, Family, LASPO, Policy

LAA gets new power to backdate funding

Following the successful challenge in R (Duncan Lewis Solicitors Ltd) v Director of Legal Aid Casework and the Lord Chancellor in October 2018, the LAA has announced that it will get new powers to backdate funding under legal aid certificates in urgent cases from 20 February 2019. The challenge was to a refusal by the LAA to backdate funding in an urgent immigration judicial review case to the date of the application where legal action had to be taken very quickly, even though the solicitors had made the application as promptly as possible.

The backdating power is likely to benefit clients needing to challenge decisions by public authorities where delegated functions are not available. However, the LAA will provide more guidance in due course before the new power comes into effect.

The amendments to the Legal Aid (Procedure) Regulations 2012 which will bring this change into force can be found here.

The LAA will be closing its ‘out of hours’ service as a result of this new power. It has stressed that this change will not affect delegated functions which will remain available where appropriate. There is more information here.

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Filed under Civil, Community Care, Housing, Immigration, Public Law

LAA amends contracts for GDPR

The LAA has amended all current contracts in order to meet the requirements imposed by the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680), being implemented under Part 3 of the Data Protection bill. Amendments regarding the GDPR apply from 25 May 2018. Amendments relating to the Directive apply from 6 May 2018.

There are some detailed obligations. The LAA require you to notify them within 5 business days if you receive the following in relation to LAA or shared data:

  • A data subject request
  • A request to rectify, block or erase personal data
  • A complaint or other communication about your (or the LAA’s) handling of data
  • A communication from the Information Commissioner

You must also indemnify the LAA if it is fined because you fail to comply with the legislation.

You can find more information here.

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Filed under Actions Against the Police, Advocacy, Civil, Clinical Negligence, Community Care, Crime, Family, Housing, Immigration, Mental Health, Public Law, Social welfare

Advice sooner for people threatened with homelessness

The Homelessness Reduction Act 2017 came into effect today. There is a change to the definition of ‘threatened with homelessness’, which has beneficial knock on effect in terms of eligibility for legal aid.

From today, people in England qualify for advice if they are threatened with homelessness within 56 days. This is due to a link in definitions between legal aid and homelessness legislation.  Under the Housing Act 1996, they had to wait until homelessness was 28 days away before they were considered ‘threatened with homelessness’ and therefore qualifying for advice. Wales adopted the 56 day definition in 2015.

People threatened with homelessness are entitled (subject to means and merits) to advice on entitlement and suitability of accommodation, as well as assistance with making an application and any appeal that may follow.

The LAA’s announcement is here.

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Filed under Housing, Public Law, Social welfare

HPCDS tender deadline extended

The LAA has issued some clarification regarding the volumes of services available, and as a result has extended the deadline for submitting bids to 11 December at 5pm. Applicants should be using version 3 of the Information for Applicants. More detail can be found here.

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Filed under Housing

Civil and Family contract extensions acceptance deadline

The LAA has sent emails to holders of civil, family and mediation contract holders to inform them about contract extensions to 31 August 2018.

Holders of 2010 contracts (Mediation) and 2013 contracts (Family, Immigration/Asylum, Housing/Debt) need to send back an acceptance form. The letters attached to emails give a deadline of 5 December 2017, the website says 6 December 2017.

Holders of Housing Possession Court Duty Scheme contracts will receive an extension offer in due course.

Holders of welfare benefits, mental health, and community care contracts will have their contracts extended automatically.

Holders of AAP etc., clinical negligence and public law contracts will have their contracts terminated earlier than originally envisaged, so that they will also end on 31 August 2018.

If you haven’t received an email, you should contact the LAA’s central commissioning team: civil.contracts@legalaid.gsi.gov.uk

More information can be found here.

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Filed under Actions Against the Police, Civil, Clinical Negligence, Community Care, Family, Housing, Immigration, Mental Health, Public Law, Social welfare

Civil and family tender 2018 FAQs published

The Legal Aid Agency has published the frequently asked questions and answers in respect of the 2018 face to face contracts. There are two documents you should consider:

  • FAQs relating to the Seelction Questionnaire
  • FAQs relating to the Face to Face contracts themselves

The LAA has also published a separate FAQ document dealing with the CLA telephone service tender (to be found further down on the same page).

Once you have checked the answers against your response to the tender and made any changes necessary, you will be ready to submit.

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Filed under Actions Against the Police, Civil, Clinical Negligence, Community Care, Family, Housing, Immigration, Mental Health, Public Law, Social welfare