Controlled work
Most work in mental health law is carried out under the contract as controlled work. Each firm is allocated a certain maximum number of matters (‘new matter starts’) per schedule period (usually the financial year), although these can be increased in line with the provisions of the contract (see Legal Aid Agency, ‘Requests for Supplementary Matter Starts: Guidance to Contract Managers’ (22 January 2016)).
| Types of funding: | Legal Help | Legal Representation | ||
|---|---|---|---|---|
| Merits test: | Sufficient benefit test | Reasonableness test | ||
| Means testing: | Usually means-tested | Non-means-tested | ||
| Types of matter: | Non-tribunal | Tribunal | ||
| Fee levels: | Non-tribunal | Level 1 tribunal | Level 2 tribunal | Level 3 tribunal |
There is now a single Legal Aid form for both funding types (CW1&2 MH). If the client refuses to sign because of his condition then a supervisor can sign for him and provide a detailed written explanation. In Tribunal matters, put your signature under the ‘Controlled Legal Representation’ declaration.
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