Tag Archives: legal aid

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

Bach report published

Lord Bach’s Access to Justice Commission has published its final report, available here. It is a detailed and thoughtful report, which should provoke further debate about the impact on access to justice – and particularly those who can’t get it – following the reforms of recent years. There is a lengthy list of recommendations, which fall into three main categories:

  • The creation of a new statutory enforceable “right to justice” and the creation of a Justice Commission
  • Reform of the legal aid scheme, including widening and simplifying the means test and contributions, increasing legal aid scope to restore most family, some immigration, and cases involving children, as well as reforms to judicial review, inquest and exceptional case funding, and replacing the LAA with an independent body and simplifying administration
  • Wider and better public legal education and a universal advice and information portal.

Sir Henry Brooke,  the retired Court of Appeal judge, was one of the commissioners. Since the publication of the report he has posted a series of blogs, well worth reading, looking at some of the background to the Commission’s recommendations.

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Filed under Civil, Crime, LASPO, Policy

legal aid: what the manifestos say

The major parties have now published their manifestos for the forthcoming general election. This is what they have to say about legal aid.

Conservative party

The Conservative manifesto says:

  • Publicly-funded advocates will have specialist training in handling victims before taking on serious sexual offences cases.
  • To ensure that the pain and suffering of the Hillsborough families over the last twenty years is not repeated, we will introduce an independent public advocate, who will act for bereaved families after a public disaster and support them at public inquests
  • We will strengthen legal services regulation and restrict legal aid for unscrupulous law firms that issue vexatious legal claims against the armed forces

Labour

The Labour manifesto says:

  • Labour will immediately re-establish early advice entitlements in the Family Courts. The shameful consequences of withdrawal have included a requirement for victims of domestic abuse to pay doctors for certification of their injuries. Labour’s plans will remove that requirement. At the same time, we will legislate to prohibit the cross examination of victims of domestic violence by their abuser in certain circumstances.
  • We will reintroduce funding for the preparation of judicial review cases. Judicial review is an important way of holding government to account. There are sufficient safeguards to discourage unmeritorious cases.
  • We will review the legal aid means tests, including the capital test for those on income-related benefits.
  • Labour will consider the reinstatement of other legal aid entitlements after receiving the final recommendations of the Access to Justice Commission led by Lord Bach.

Liberal Democrats

The Lib Dem manifesto says the party will:

  • Conduct an urgent and comprehensive review of the effects of the Legal Aid, Sentencing and Punishment of Offenders Act on access to justice, particularly funding for social welfare appeals, and domestic violence and exceptional cases
  • Secure further funding for criminal legal aid from sources other than the taxpayer, including insurance for company directors, and changes to restraint orders.

UKIP and the Green Party make no mention of legal aid in their manifestos.

 

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New Handbook published

The new edition of the Handbook has now been published and pre-order copies are being dispatched. You can order your copy from LAG here.

This book is an invaluable companion and essential reading for all legal aid practitioners, from caseworkers to senior partners. The authors have expertly pulled together information that is not currently available in one place providing the only single volume guide to the criminal and civil legal aid scheme.

‘… admirably clear on some very tricky points. There should be at least one copy in every office where legal aid work is carried out.’ Carol Storer, director, LAPG.

‘I wish I could say “this book is never off my desk” but the truth is my copy of LAG Legal Aid Handbook always appears to be on someone else’s … Essential reading for all practitioners seeking to provide a first class service to clients in a post-LASPO world.’  Phil Walsh Partner/Practice Manager, Miles & Partners LLP.

The  LAG legal aid handbook 2017/18 gives practical, step by step guidance on conducting cases, getting paid, advocacy, financial and contract management, performance monitoring and quality standards and an overview of recent policy developments. There are separate chapters on all the major areas of law covered by legal aid and sections devoted to litigators and advisers, advocates and managers.

This edition has been updated to include:

•  full coverage of the new 2017 crime contract

•  latest changes and updates to the civil scheme

•  discussion of current case law and hot topics in legal aid practice

•  hints, tips and practical advice from how to manage a contract to navigating CCMS

•  specialist chapters on billing, crime, public family law, private family law, housing, mental health, immigration and exceptional funding

•  a dedicated section for advocates

•  guidance on managing legal aid work and tendering for contracts

•  a full round up of the latest policy developments

The only comprehensive guide to the whole legal aid scheme, the new edition features chapters written by expert contributors Anthony Edwards, Richard Charlton, Steve Hynes, Solange Valdez-Symonds and Katie Brown. The LAG legal aid handbook 2017/18 is packed full of case studies, checklists and practical tips. It provides clear and easy to follow guidance on the ever more complex legal aid system and is essential reading for everyone involved in legal aid from new caseworkers to experienced lawyers and managers.

 

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

The new Handbook – coming very soon!

The brand new edition of the LAG Legal Aid Handbook will be published at the beginning of April. Fully revised and updated, this edition features

  • full coverage of the new 2017 crime contract
  • latest changes and updates to the civil scheme
  • discussion of current case law and hot topics in legal aid practice
  • hints, tips and practical advice from how to manage a contract to navigating CCMS
  • specialist chapters on billing, crime, public family law, private family law, housing, mental health, immigration and exceptional funding
  • a dedicated section for advocates
  • guidance on managing legal aid work and tendering for contracts
  • a full round up of the latest policy developments

The Handbook is edited by Vicky Ling and Simon Pugh, and features contributions from a range of subject experts including Anthony Edwards, Steve Hynes, Richard Charlton, Solange Valdez-Symonds and Katie Brown.

You can pre-order your copy now by e-mailing: direct.orders@marston.co.uk or phoning: 01235 465577, or by clicking here.

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