Legal Aid guidance documents
The most recent LAA guidance for mental health law generally is ‘Contract Management: Mental Health Guidance’ (v2, 3/4/17).
The LAA published ‘Tribunal appointed representatives in mental health (rule 11(7) cases)’ on 8 June 2017.
The ‘Escape Cases Electronic Handbook’ (v1.1, 17/7/14), used by LAA caseworkers, is available online and includes a section on mental health escape fee cases.
A document entitled ‘Mental Health Common Errors’ (v1, 6/2/15, published April 2015) contains the following headings: Claiming Errors; Tackling poor quality; Web links to documents. Details in relation to the following claiming errors are set out in the document:
- 1. Incorrect coding.
- 2. Failure to conduct a means assessment for the client in a non-MHT matter, where no advice has been given with regards the Tribunal process, or any advice given was not necessary.
- 3. Failure to evidence of client’s means in a non-MHT matters where the client is in detention and there is little/no evidence on file that the fee-earner has undertaken reasonable steps to check whether the ward manager, social workers, family members etc. can confirm the client’s financial position.
- 4. Opening a separate non-MHT matter start and claiming a separate non-MHT fee when it should have been rolled up’ into a concurrent MHT fee.
- 5. Failure to understand matter start rules where the client is the Nearest Relative (NR), particularly with regard to non-MHT and MHT matter start rules.
- 6. Claiming a MHT fee for standalone non-MHT work such as a Hospital Managers Meeting/Review or S117 meeting.
- 7. Claiming the MHT Level 3 Fee where an effective MHT has not taken place, or the provider has not carried out any representation.
- 8. Claiming the MHT Level 2 Fee before an MHT application has been submitted, or where neither 30 minutes work has been done nor negotiations with a third party have been carried out.
- 9. [I]f the provider makes [an s2] application too late for it to be considered by the tribunal ... only the MHT level 1 fee should be claimed.
- 10. Failure to open a new NMS in circumstances where an informal patient is detained under Section.
- 11. Claiming a separate fee in relation to a renewal hearing [in the wrong circumstances].
- 12. Claims for Remote Travel Payments.
- 13. Excessive travel cost claims: the Cost Assessment Guidance indicates a limit of 5 hours unless reasonable justification is evidenced on file.
- 14. Excessive disbursement claims: includes the claiming of Counsel fees (which should be paid out of the fees claimed except where prior authority has been granted to incur a higher rate) and multiple independent expert reports (where they are not justified by the case).
- 15. Consideration must be given to whether attendance at HMH, s117 or CPA meetings is necessary and/or appropriate.
Other relevant guidance documents include the Costs Assessment Guidance 2013 and the Escape Cases Electronic Handbook (July 2014).
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