Legal Aid and coronavirus: Difference between revisions

Revision as of 22:46, 16 July 2020

Information

Remote hearings

The LAA have confirmed that level 3 payments will be paid for remote hearings: Legal Aid Agency, 'Coronavirus (COVID-19): remote working' (14/4/20).

The adjourned hearing fee is also payable in the circumstances set out in new rules: Legal Aid Agency, 'Civil news: fee rules change for mental health remote hearings' (16/7/20).

Evidence of means

The guidance in Legal Aid Agency, 'Coronavirus (COVID-19): working with clients' (14/4/20) states: "Where a client is staying at home, it may still be possible to collect evidence by email or post. Reasonable efforts to collect evidence should still be made and recorded, before assessing without evidence if that is not possible. … When the LAA assess Civil or Crime Applications under any scheme we will exercise the same discretion as above. Providers should submit what evidence they have available and highlight any issues they have had collecting other documentation."

The guidance refers to specification paragraph 3.24 which states: “You may assess the prospective Client’s means without the accompanying evidence where: (a) it is not practicable to obtain it before commencing the Controlled Work; (b) pre signature telephone advice is given; or (c) exceptionally, the personal circumstances of the Client (such as the Client’s age, mental disability or homelessness) make it impracticable for the evidence to be supplied at any point in the case.”

Resources

Legal Aid Agency

LAA coronavirus guidance. Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20) — This LAA web page is the main source of Legal Aid guidance, and contains links to various sub-pages.
- LAA contract guidance. Legal Aid Agency, 'Coronavirus (COVID-19): contract management and assurance' (14/4/20) — This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), contains information about working with contract management, reducing administrative activity for providers, office and supervisory arrangements, and quality mark accreditation. Under the heading "Designated Accredited Representatives in Mental Health cases" it states: "We understand the current situation may mean you are unable to meet the requirements of the contract regarding designated accreditation representatives, including where an individual is not able to meet the 14-hour requirement. You should document the reasons why, but we will not take any action in this situation. It will remain a requirement all advocates before the tribunal except self-employed counsel must be members of the Law Society’s Mental Health Accreditation Scheme."
- LAA coronavirus guidance. Legal Aid Agency, 'Coronavirus (COVID-19): working with clients' (14/4/20) — This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), includes information relating to making Legal Aid applications, assessing financial eligibility where a client cannot attend, using digital signatures, client finances and contributions, approach to emergency certificates, and operation of the statutory charge. (1) In relation to assessing eligibility it states: "Where a client is staying at home, it may still be possible to collect evidence by email or post. Reasonable efforts to collect evidence should still be made and recorded, before assessing without evidence if that is not possible." (2) The advice covers digital signatures and the circumstances in which a client signature is not necessary.
- LAA contract guidance. Legal Aid Agency, 'Coronavirus (COVID-19): contract management and assurance' (14/4/20) — This web page, which is a sub-page of Legal Aid Agency, 'Coronavirus (COVID-19): Legal Aid Agency contingency response' (18/3/20), contains information about working with contract management, reducing administrative activity for providers, office and supervisory arrangements, and quality mark accreditation. Under the heading "Designated Accredited Representatives in Mental Health cases" it states: "We understand the current situation may mean you are unable to meet the requirements of the contract regarding designated accreditation representatives, including where an individual is not able to meet the 14-hour requirement. You should document the reasons why, but we will not take any action in this situation. It will remain a requirement all advocates before the tribunal except self-employed counsel must be members of the Law Society’s Mental Health Accreditation Scheme."
Civil escape case claims. LAA, 'Contingency Measure for Civil Escape Cases - Electronic Submission' (24/3/20) — As a temporary measure, the LAA are requiring that these be submitted electronically. The guidance document contains full details.

Other organisations

Guidance about LAA contract terms. LAPG, 'Guidance on what the Legal Aid Contract and LAA COVID-19 Guidance Allows' (25/3/20) — This detailed guidance contains information under the following headings: (1) Your office; (2) Progressing Current Cases; (3) Potential New Clients; (4) Providing “Remote” Advice and Digital Signatures; (5) Means Assessment for Remote Advice; (6) Supervision; (7) Supervisor Absence; (8) Key Workers; (9) Speak to the LAA.
Law Society coronavirus guidance. Law Society, 'Coronavirus (COVID-19) advice and updates' (19/3/20) — This guidance contains information under the headings: (1) Advice for employers; (2) Advice for firm owners, managing partners or senior leaders; (3) Advice for members visiting police stations, prisons or courts; (4) Advice for international firms; (5) Advice for conveyancers; (6) Advice for litigators; (7) Advice for legal aid firms.
Bar Council coronavirus guidance. Bar Council, 'Coronavirus advice and updates' (March 2020, updated periodically) — This web page contains information and links under the hearings: (1) Bar Council guidance; (2) Bar Council statements; (3) Bar Council, LPMA and IBC advice bulletins; (4) HMCTS updates; (5) Legal Aid Agency updates; (6) General government guidance.
Bar Council coronavirus statement. Bar Council, 'Chair of the Bar sets out concerns to MoJ, HMCTS, the Legal Aid Agency, the senior judiciary, the Bar Standards Board and the Inns of Court' (18/3/20) — The Bar Council is "calling for a suspension of all in-person hearings across all jurisdictions, save in very exceptional circumstances where a video link or phone hearing cannot accommodate the interests of justice" for an initial 30-day period.

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 The LAA have confirmed that level 3 payments will be paid for remote hearings: [[Legal Aid Agency, 'Coronavirus (COVID-19): remote working' (14/4/20)]].
-It has not explicitly been stated that the adjournment fee will similarly be paid, but it seems that the contract could be interpreted to allow this. Specification [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/738517/2018_Standard_Civil_Contract__Mental_Health__Category_Specific_Rules__August_2018_.pdf#page=22 paragraph 9.85] states: "When a MHT hearing is adjourned or is postponed or cancelled on the day at the request of the MHT or Responsible Clinician, or in circumstances where you make a request to adjourn, postpone or cancel, and where you could not have otherwise reasonably avoided making such a request, and you have already incurred travel costs and/or some representation costs, then you may claim an Adjourned Hearing Fee. You must have actually attended the place of the MHT to claim this fee, but it is not necessary for you to have appeared before the MHT. This fee covers travel to and attendance at the hearing (including advocacy) and any preparation required."
+The adjourned hearing fee is also payable in the circumstances set out in new rules: [[Legal Aid Agency, 'Civil news: fee rules change for mental health remote hearings' (16/7/20)]].
 ===Evidence of means===