Tag Archives: civil

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

New Civil Keycard Issued Today

This afternoon the LAA issued a new civil keycard, keycard 54, containing revised eligibility limits. The main change appears to be a small reduction in dependant’s allowances.

It is unfortunate that the keycard was not issued until the afternoon of the day it came into force. You may wish to check any grants, particularly of Legal Help and CLR, made today to confirm the client is eligible.

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2018 Civil Contracts Update

Just before Easter, the LAA released some more information about the 2018 civil tender process.

The failed discrimination tender will be re-run, though in the education category existing providers have agreed to continue, so no re-tender will be necessary.

In housing the LAA has failed to secure court duty provision in Cornwall. In 39 procurement areas, no or only one compliant bid for face to face contracts was received, so the LAA will be re-tendering in late April 2018. These areas include the whole of the South West of England beyond Bristol and Somerset, much of northern England outside the major urban areas and parts of the Midlands. Meanwhile, the Law Centres Network has been given permission to judicially review the court duty tender process as a whole, with a hearing listed for next month.

In family, there were 7 areas with no or one bidder, and 6 in immigration.

The full list of areas that will be re-tendered can be found in Annex A of the LAA’s update, here.

This level of procurement failure is unprecedented in legal aid. The initial tender exercise failed to find any successful bidders in two whole areas of law – education and discrimination – and leaves many areas of the country without meaningful access to legal aid in other areas. It is a further development of a process of market failure which has been underway for a long time, accelerated by LASPO, where in many places it is no longer viable to continue legal aid work. It is difficult to see how a repeated tender exercise – based on the same scope restrictions, payment rates, and contract terms – will yield a significantly different outcome. Last week Community Law Partnership, a top firm of housing lawyers in Birmingham, tweeted a typical case of a family turned away from housing assistance and only housed after a threat of judicial review. The entire thread sums up the value of the work they and others like them do – and ended with a reminder of why there are ever fewer who can.

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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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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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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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LASPO review finally announced 

The long-awaited review of LASPO, promised by the government within three to five years of implementation, has finally been announced.

In a written statement to Parliament yesterday, the Lord Chancellor said it would be conducted by MoJ officials, with input from interested parties, and would report by the 2018 summer recess (which would take it just beyond five years since LASPO came into force in April 2013).

The statement is here, and the accompanying memorandum is here

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