Legal Aid forms

All the legal aid forms can be obtained from the Government website; they change fairly regularly so check there for updates.

Grace period following introduction of new forms

Para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." Occasionally forms have been changed without notice, but the LAA have always commenced the notice period from when notification under the contract was belatedly made.

Form CW 1&2 MH

At the time of writing the following is the latest form. The page contains a link to the LAA website, which should redirect to whatever is the current form.

Mental health Legal Aid form. Legal Aid Agency, 'Form CW 1&2 MH' (v19, August 2023) — Version 19 (dated 14/8/23, published 1/9/23) is the same as amended version 18 (published 14/8/23) except for the footer which now states "Version 19". The only differences between version 19 and original version 18 (published 3/8/23) are amendments to the guidance notes on page 2. The LAA will accept original version 18 as long as the form is completed in accordance with the amended guidance (see Legal Aid Agency, 'Civil news: immigration and mental health work forms updated' (1/9/23)). Presumably they will also accept amended v18 as its contents are the same as v19. Note 1 now reads "As you have answered YES to questions 1 and 2 confirming that the client is a child who is applying for Controlled Legal Representation, no further assessment is required. ~~Go directly to~~ [Please complete the Case Details and Merits Criteria on page 6 and] the client declaration on page 11." Note 2 now reads: "As you have answered NO to questions 3, 4 and 5, confirming that the client is a child who is not to be aggregated with a maintaining adult and does not have a regular income or capital in excess of £2,500, no further assessment is required. ~~Go directly to~~ [Please complete the Case Details and Merits Criteria on page 6 and] the client declaration on page 11.
News story about Legal Aid forms. Legal Aid Agency, 'Civil news: immigration and mental health work forms updated' (1/9/23) — The LAA published three PDFs of Form CW1&2MH recently: (1) 3/8/13 to 13/8/23 inclusive (the original v18); (2) 14/8/23 to 31/8/21 inclusive (v19 but still saying v18 on the form); (3) 1/9/23 onwards (v19). In relation to using the previous forms the LAA say: "We would like you to download the current forms. But we are still accepting the versions published on 3 August. Providers should complete the case details and merits section, as appropriate, for under 18s before making payment submissions." The news story sets out the changes between the original v18 and v19.

External links

Main Legal Aid forms page on Gov.uk website

Government website: Controlled work application forms. "Forms to apply for legal aid in controlled work cases, including immigration and mental health, family mediation and appeals."

Government website: Mental health: CLR, enhanced rates and review of refusal. "Controlled work application forms: representation - CW1&2 (MH), enhanced rates - CWC (MH), review of refusal or withdrawal - CW4 (MH)."

Government website: Civil legal aid application forms. "Forms and guidance to apply for legal aid in civil and family cases, as well as certificates, notices, proceeding codes, and judicial review."

Government website: Legal aid: submit a claim. "Use claim forms or claim online, eg using CCMS, to get paid for all aspects of legal aid work; find guidance and help with submissions."

Government website: EC-CLAIM 1: escape fee case claim form. "Forms and checklists to submit escape fee case claims under the 4 different categories." The following documents are relevant to mental health law: (1) LAA, 'EC-CLAIM 1 MH: escape fee case claim form - mental health' (v8, April 2015); (2) LAA, 'Escape claim checklist - mental health' (v1.4, September 2016).

INFORMATION

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