Tag Archives: CCMS

LAA speeds up prior authority applications in CCMS

This post is by Jane Pritchard, consultant with Elawvate and author of the CCMS chapter in the Handbook.

This week, the LAA have issued two news items about CCMS.

The first update is headed “speeding up dual stage applications”. There is no new process here. Instead this is about getting the evidence requirements right when you choose which application to make. As we say in the Handbook, if you can make a single stage emergency application rather than dual stage you should use that process. Don’t forget however that if you are likely to need to amend your application before a substantive one is granted, the dual stage application enables you to make amendments to scope and limitation – in which case that process might be better.

There appears to be an issue with nullification of applications where evidence is unavailable and or not submitted to the LAA within the 5 working days allowed for submitting the substantive application. This update confirms that no certificate will be nullified where use of delegated functions can be justified by the evidence submitted with the emergency or substantive applications. Of course, the more information provided with the substantive application the better, even if it is a summary of all actions taken to obtain the evidence and the justification for the use of delegated functions based on the evidence available at the time.

The second news update is a change to process which all providers will welcome. It is now possible to upload supporting documentation when you make an application for prior authority at the point of making the application. This cuts out the need for the LAA to send a request to upload information and then for you to respond to that request – which delays the grant of prior authority. The CCMS quick guide on the LAA website has full details of how to submit an application attaching the evidence. The guide can be found here.

The new LAG Legal Aid Handbook 2018/19 is out now – featuring full coverage of the civil and criminal schemes, fully revised and updated and including the 2018 civil contract. This edition includes brand new chapters on CCMS and community care, specialist chapters on housing, family, mental health, immigration and crime work, and greatly expanded coverage of civil costs. Written by a team of legal aid experts and edited by Vicky Ling, Simon Pugh and Sue James, it’s the one book no legal aid lawyer can afford to be without. Order your copy here now.

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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

August round up

We’ve covered elsewhere the key LAA announcement – the timetable for the 2018 civil contracts tender – but there are a couple of other issues that’s it’s worth making sure didn’t get overlooked in the holiday season.

LAA online services – including CCMS, eforms, CWA, CCLF and the management information service – are accessed via the LAA portal. The portal is being upgraded on 11 September. It doesn’t seem that there will be a major overhaul of the look and functionality of the systems. But the LAA promises increased stability and faster log in times.

Crucially, following the upgrade all users will have to reset their passwords. In order to do that, they need to know their current passwords. So you should make sure that all users in your office know their current passwords and have checked they still work before 5 September – which is the last day for requesting a reset before the upgrade. More information here.

Meanwhile, online billing for Crown Court work (both AGFS and LGFS) will become mandatory from 31 October – more here.

Immigration practitioners looking for extra matter starts, including those that didn’t get any in the recent supplementary matter starts process, have been reminded that you can ask your contract manager for more matter starts when needed. The LAA has also issued news alerts drawing attention to the rules on claiming hourly rates  and on refunding client travel in immigration cases. News articles like this can be a useful reminder of how the LAA sees the rules following feedback of difficulties, but also an indicator of potential audit activity – so are something immigration practitioners will want to take note of.

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LAA online news

The LAA was planning an upgrade of its online portal, due to complete in May. But May came and went, and yesterday it said it was working on a revised schedule. No new dates for the improvements were given.

It’s to be hoped that the upgrades – whenever they come – will include improvements to CCMS. LAPG’s Chris Minnoch reported recently on early findings from its survey of CCMS users, which showed support for online working in principle – but serious problems with CCMS in practice.

One issue for CCMS users is the time taken to submit applications for legal aid and getting properly paid for doing so. As we’ve reported before, the historic costs guidance that 30 minutes is reasonable – which dates from the days of paper applications – is still applied rigorously by the LAA, leaving ex gratia claims as the only remedy where longer is spent. So it was welcome news yesterday when the Public Law Project said that it was in talks with the LAA about amended guidance. It seems this arises out of an appeal against an allowance of 30 minutes for an application that took 3 hours.

Meanwhile, as of last Friday, the LAA will only communicate with crime firms electronically on case-related issues. All orders, notices, information requests and other correspondence will go to the email address associated with the e-forms account of the case owner. So it may be wise for firms to have systems for checking the emails of staff setting up cases when on leave – or to use a generic email address for all cases. Paper copies will continue to be sent to clients.

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LAPG launches survey on CCMS

LAPG has launched a survey to gather feedback on CCMS. It is aimed at all practitioners, not just LAPG members, and will provide valuable information on user perspectives to assist in lobbying the LAA for change. LAPG says:

We want to capture what is happening with CCMS. We receive more email correspondence on CCMS than on all other subjects put together. We have prepared a survey to find out what the current position is with CCMS.  The survey is here: https://www.surveymonkey.co.uk/r/NDHNT6W

We hear from the LAA that some practices find it fine but that does not reflect the feedback that we receive. However if you think it is ok then it would be really helpful if you could complete the survey.

Here’s what you need to know:-

  • It will remain open until Friday 3 March.
  • Please do put CCMS references in – we know people tend to prefer anonymity but we hope that there will be sufficient numbers completing the survey to give people comfort.
  • We have piloted it with many people and we are very grateful to them for all their help. The more people completed it, the more problems were raised and we were asked to incorporate more and more into the survey. So it may take half an hour to fill it in comprehensively.
  • You can skip sections but essentially the structure is
    • Applications
    • Amendments
    • Billing/POAs
    • Incorrect actions and
    • General issues such as stability.
  • Generally questions ask about CCMS since 1 January 2017. Why? Because if we collect older data and changes have been made, then that is of limited value.

What is the point of the survey? We have told the LAA that we are carrying it out and indeed sent them a draft of the survey. Our aim is to collect up to date information in a form that we can present to the LAA and MoJ. If our members who complain about CCMS are representative of the majority then there are a lot of issues that need sorting. The danger is that the view represented in the LAA Annual Report 2015-2016 goes unchallenged.

The Report said:- ‘The system was rolled out to all civil legal aid providers on a voluntary basis from September 2014, and was mandated in phases during 2015- 16. From 1 April 2016, it became mandatory to submit all civil applications online through the CCMS. Submitting both applications and bills using the CCMS, saves providers time and the cost of sending paper forms through the post.’

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New process for CCMS contingency applications

The LAA has changed its process for so-called “contingency” applications – that is, those that have to be made via paper because CCMS is down and the application is so urgent that it can’t wait until CCMS is available again.

If you have an urgent case and you can’t access CCMS – and you can’t exercise your delegated functions – you will need to contact the online technical support team. You’ll need to provide evidence (generally, screenshots) showing that you’ve tried to access CCMS at least twice and not been able to over a period of at least 24 hours.

The online support team will consider the circumstances – including both the state of CCMS and the nature of your application. If they agree you can use the contingency process, you will be emailed a cover sheet so that you can email a paper application. You will also be issued a contingency reference number which must be quoted in the application. The contingency reference number is your permission to use this process; if the online support team refuse to issue you one, any paper application will not be considered.

The LAA’s guidance note on the new process can be found here.

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CCMS Mandatory from 1 April

The roll out of CCMS continues. It became mandatory for care cases on 1 February, and the rest of civil work joins from 1 April.

There is a two week transitional period, so that paper applications may still be submitted provided they are dated before 8 April and received by 14 April. After that, paper applications will not be accepted except where CCMS is inaccessible due to technical issues.

CCMS is not mandatory for crime providers doing associated civil work and for out of hours immigration cases; all other legal aid contract holders must now use it.

There is more about the implementation on the LAA website, and about the contingency arrangements for technical failure (including the necessary form) on the CCMS training website. See also our post on claiming the costs of extra time caused by CCMS problems.

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