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| We have identified some of the most 'frequently asked questions'
experienced by each of our business areas. This list is not exhaustive but it is hoped its content will provide you with useful guidance. |
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Ensuring Quality in Applications for Civil Legal Aid |
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| There are 27 FAQs in this category |
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Civil Legal Aid application form A1 -(Non-Matrimonial) Q. Can NILSC check via National Insurance Number if a person is in receipt of benefits? |
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A: A. Due to Data Protection legislation the LSC cannot access this information. The LAAO do however have access and they will check if a person is in receipt of benefits for the LSC. |
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If a typed statement is drawn up on behalf of the applicant, is it sufficient for the client to confirm it by signature? |
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A: Yes, provided the statement drafted on behalf of the client is typed in the first person. Statements drafted and submitted in the third person will not be accepted by the Commission.
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If a counsel’s opinion is attached, is it sufficient to say, “Please refer to counsel’s opinion”? |
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A: Yes, Counsel’s opinion is accepted but it is the responsibility of the solicitor to ensure Counsel has addressed the relevant points to enable the Commission to assess the merits of the case. |
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If the applicant is a minor, can the application be made by their next friend? |
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A: Yes, a parent or next friend can make the application. If the applicant is aged 16 to 18, they must countersign the form with the parent or next friend.
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Could NILSC not amend a form in response to a phone call or letter? |
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A: No NILSC has never amended forms; it only accepts properly completed forms. |
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When a form is re-submitted, is it sufficient for the solicitor to initial and |
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A: Yes, as long as all the queries have been answered. |
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If everything else on a form is correct, is it right for a form to be returned just because it does not specify the court type? |
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A: If the value of the case is specified, it should be possible for NILSC staff to work out what court the case is in. Many cases, however, do not have a monetary value and the onus remains on the solicitor to complete this section of the form. |
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Is it right to bring a client back in just to initial a change of date? This is especially awkward if the client is in prison. |
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A: Staff within the Commission will use discretion in circumstances where the applicant is in prison or outside the jurisdiction and give permission to the solicitor to initial it on the applicant’s behalf. The CLA4 can be initialled by the solicitor on behalf of the applicant as long as the applicant has named the solicitor to act as their representative.
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Why is it necessary to submit both forms (means and merits) at the outset? |
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A: The Commission is operating under the 1965 General Regulations which established the relationship with the LAAO. The Commission, as part of the overall reform agenda, will look at financial eligibility which will include the relationship with the LAAO. |
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Why are minor’s means not tested in Green Form when these are taken into account for civil Legal Aid? |
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A: The current financial rules are governed by the Lord Chancellor. When the civil financial eligibility rules were amended to take account of the child’s means, the Lord Chancellor did not make a similar amendment to the Green Form and ABWOR rules.
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Civil Legal Aid application form A2- (Non-Matrimonial) If the parties in a divorce move on and get their own homes, is it sufficient to tick “yes” for the monetary claim? |
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A: Yes. If the house is sold on, it is not relevant. |
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If a divorce is on the grounds of two years separation with consent, must a solicitor have the consent before they apply for legal aid? |
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A: Yes, a copy of the signed consent from the respondent, confirmation from the respondent’s solicitor or a letter from the solicitor, must accompany the application.
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If an applicant is defending ancillary relief proceedings, is a copy of the Decree Nisi required, or is proof of proceedings sufficient? |
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A: Either is acceptable – it is the record number of the proceedings that is required. |
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Supplementary Civil Legal Aid application forms - If the applicant attends A&E and a GP, should both sets of notes be submitted? |
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A: Yes. If there is a reason why both the A&E notes and GP notes are not submitted with the application an explanation should be provided
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Does Green Form provide for this? |
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A: No, not in all cases. You should check the Commission’s Green Form General authority to check what evidence you can adduce without prior authority.
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Are ambulance reports required? |
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A: No, these are no longer required and the guidance has been amended accordingly.
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Why is there so much duplication of information requested on the AI and the supplementary forms? |
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A: The Commission accepts there is some duplication in the information requested but it is permissible to complete the information on one form and cross-refer the other. The front page of every form must be completed in case the supplementary forms become detached from the A1.
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NILSC form registration and processing - Is there a period of time within which a form is returned? |
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A: This is difficult to specify at the moment. This is dependant on many factors such as amount of resources available within the Commission.
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Some solicitors have experienced a form being returned with a query, they answer the query, and the form is returned again with a different query |
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A: This should not happen – a form should be checked from top to bottom. |
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Given that 5 of the top 10 reasons for return concern lack of documentation could NILSC consider the inclusion of a check list on its application forms? |
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A: Inclusion of documentation has been an on-going problem. Previously the A1 application form contained a check list but this was replaced by the supplementary forms as the inclusion of the checklist did not address the problem. The supplementary forms were designed to assist solicitors by specifying the information required by the Commission to apply the merits test and requesting details of the proofs required for that purpose.
The Commission will consider this suggestion further when the forms are revised.
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Are the top ten reasons for return in any particular order? |
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Do Triage have a check list that they use? |
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A: No, the Triage team use the same guidance notes as those issued to the profession which are available in the members’ area of the Commission’s website.
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Will the supplementary forms ever be merged with the A1 and A2? |
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A: Yes, it is the Commission’s intention to move to an e-business environment and application forms will be revised as part of an e-Forms project.
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When applications are returned in error, are these taken out of the statisitcs? |
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A: No, at present it is not possible to identify cases which have been returned in error and accordingly these are included in the statistics. The Commission accepts that errors occur and is looking at the internal quality measures to identify and minimise the number of applications returned in error. |
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The Registration Scheme and quality assurance - Are NILSC monitoring firms on the quality of their application forms? |
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A: Yes, this information is being used for internal purposes only to assist the Commission in identifying common problems and areas where further guidance may be required. The information may be used as part of the preliminary registration scheme for the purposes of identifying and assisting firms who opt to join the preliminary scheme to prepare for the requirements of the statutory scheme. |
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Will the Registration Scheme be retrospective? |
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A: No, the Commission will undertake a consultation exercise in advance of the statutory scheme and practitioners will be contacted prior to the commencement date. |
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Is there a standard being used that solicitors have not seen? |
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A: No quality standard exists at present but a code of practice will be introduced as part of the Registration Scheme. The code of practice will set out the standards which the Commission expects its service providers to meet in the provision of publicly funded legal services.
The Commission will work with the Law Society and practitioners in the development of the code of practice. |
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