Tag Archives: housing

by | January 31, 2019 · 9:19 am

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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by | October 30, 2018 · 6:20 pm

New housing court duty tender opens

Following the collapse of the last tender, found unlawful by the High Court, the LAA extended the contracts of existing providers. However, in four areas existing contract holders were unable to continue, so the LAA is tendering for replacements. The affected areas are:

  • Barnet
  • Bodmin and Truro
  • Grimsby
  • Winchester

The tender closes on 26 November at 9am and the IFA 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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by | July 7, 2018 · 9:58 am

Housing court duty tender cancelled

As we reported here, the High Court quashed the LAA’s decision to re-configure the boundaries of court duty schemes and tender based on the larger scheme areas. It found the basis for the plan to be so lacking in evidence as to render the decision irrational. As a result the LAA has now announced that it has cancelled the tender. Any bidders previously notified of a successful outcome will not now be awarded a contract. Although the announcement does not set out next steps, we understand the LAA has now written to existing providers offering a one year extension to 30 September 2019. The work will be based on the 2013 contract specification, not the new 2018 specification.The purpose of the one year extension is said to be

to enable a review of relevant policy and to provide the time needed to prepare and run a new procurement exercise for these services.

Existing providers who wish to continue will be required to have a 2018 contract in housing and debt. It is not clear what provision the LAA has put in place where the existing contract holder has not bid for a 2018 contract, which would mean they cannot continue and therefore there is no provider to continue the existing scheme until September 2019.

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by | April 28, 2018 · 6:25 pm

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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by | April 3, 2018 · 8:02 pm

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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by | November 27, 2017 · 4:14 pm

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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by | November 2, 2017 · 1:13 pm

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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by | October 25, 2017 · 8:56 pm

Civil and family tender update

There have been several developments since we reported that the LAA opened the tender for face to face civil and family contracts to start in September 2018.

Tender open for HPCDS

The Agency has gone ahead with a complex price competitve tender for Housing Possession Court Duty Schemes (HPCDS), which seems unlikely to solve the crisis in finding sufficient practitioners to provide the schemes; but only time will tell. More information can be found here.

Most people are finding the process straightforward

However, most of the feedback we are receiving from practitioners bidding for face to face contracts is that the process is more straightforward than they anticipated.

People like the button which checks whether they have responded to all the questions they need to.

They also like being able to download a PDF of their bid. On the relevant ITT page, look out for the three little dots in the top right hand corner. If you click on that and then select ‘printable view’, you will be able to download a PDF of your bid.

FAQs

The LAA has issued some initial frequently asked questions – FAQs. These are worth reading. Amongst other things, they confirm that you will be able to withdraw from part of your bid without jeopardising the rest of it (FAQ 10.1).

Miscellaneous NMS

All successful bidders will get 5 miscellaneous NMS; but you can bid for 25 or more to undertake compensation claims for vicitims of trafficking and modern slavery. ATLEU (legal charity the Anti Trafficking and Legal Exploitation Unit) is encouraging practitioners to apply. They point out that this work is ideally suited to employment lawyers, discriminantion lawyers, personal injury lawyers and civil litigators more generally. With claims for failure to pay the National Minimum Wage (which are often a feature of such cases) being worth upwards of £100,000, perhaps this is worth considering? More details can be found on ATLEU’s website.

 

 

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by | October 15, 2017 · 12:33 pm

All civil and family tenders for 2018 now live

HPCDS contracts

The LAA announced on Thursday 12 October that the Housing Possession Court Duty Scheme (HPCDS) tender was open, which meant that all tenders for contracts to do legal aid work from the autumn of 2018 are now live. Details can be found here

The deadline to submit a HPCDS tender, which includes competition on price, is 4 December 2017.

To hold a HPCDS contract you must hold a Housing contract – tender deadline 10 November 2017.

CLA telephone service

The tender deadline for telephone services (which includes competition on price) in Housing and Debt, Family, Education and Discrimination is 10 November 2017.

Face to face contracts in all civil categories, family law and mediation

The tender for these contracts do not include price competition. Every applicant which submits a technically correct bid will be offered a contract. The deadline for submission is 10 November 2017. There is more information here.

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by | September 21, 2017 · 10:03 am

Civil contracts for 2018 – tender open

The Legal Aid Agency has opened the tender for civil, family and mediation contracts to start on 1 September 2018. If you want to do legal aid work after 31 August 2018, you must submit a bid by the closing date and time 10 November at 5pm. Details can be found here.

The contracts will run for three years with an option for the LAA to extend for two years. Existing contracts are being extended.

You need to bid using the LAA’s tendering portal here.

Apart from Housing Possession Court Duty Schemes (HPCDS) and the CLA telephone service, bids are not competitive. As long as you can demonstrate that you meet the LAA’s requirements, and submit a technically correct bid, you will get a contract. The details of the tenders for HPCDS and CLA contracts will be released soon.

Top tips for successful bids

  • Read the Information for Applicants carefully. The answers are almost always in there somewhere
  • Where they are not, submit a question through the message board on the portal – the LAA publishes all questions and answers received
  • Read the FAQs carefully and submit your bid after the final ones are published; but comfortably in advance of the tender closing date
  • Register your bids on the portal as early as you can and start completing the Selection Questionnaire (SQ) and the Invitation to Tender(s) (ITTs) you are interested in. You will know some of the answers straight away and can come back to the ones you need to go away and find information to complete
  • Allocate a small team to the bid – say two people to complete it and a third to check it
  • Make sure several people are registered to receive emails about the bid. Sometimes the LAA raises queries that need to be answered quickly. You don’t want to miss them

The Law Society is running tender workshops throughout England and Wales. They are recommended. Details here.

LAPG is also running workshops between 27 September – 3 October – details here – also recommended.

 

 

 

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