Legal Aid Agency, 'Coronavirus (COVID-19): working with clients' (14/4/20)

LAA coronavirus guidance 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.

Note

The following was first stated on 27/3/20: "For avoidance of doubt, supervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes."

The following was first stated on 24/3/20: "In situations where it is not possible to get a client signature, digitally or otherwise, please make a note on the file explaining why, countersigned by a supervisor, and also make a note on the application/form when submitted to avoid delays or issues with processing. Please seek a signature at the earliest possible opportunity." On 24/3/20 the relevant advice included: "In situations where it is not possible to get a client signature, digitally or otherwise, please make a note on the file explaining why, countersigned by a supervisor, and also make a note on the application/form when submitted to avoid delays or issues with processing. Please seek a signature at the earliest possible opportunity. ... [S]upervisor signatures may also be provided digitally to enable effective remote supervision, as long as they are clearly related to the relevant file notes."

The guidance subsequently was updated:

In situations where it is not possible to directly obtain a client signature, you should make a note on the file explaining why, countersigned by a supervisor.

You should also make a note on the relevant form itself, explaining the specific reason why a signature cannot be obtained. Simply referring to COVID-19 will be insufficient.

In these circumstances, you will also be required to provide express evidence. For example, email exchanges or telephone attendance notes. The evidence needs to demonstrate one of the following:

  • the client formed the appropriate intention to sign and submit the application form, or
  • you have been directly appointed by a court or tribunal to act for the client

In order to avoid delays or issues with processing, you should seek a signature at the earliest possible opportunity.

You may still submit a claim if you are unable to secure a client signature, including a digital signature, where:

  • it is clear reasonable attempts have been made to secure the client’s signature and you have provided evidence of the client’s intention to sign the form, or
  • you have been appointed to act for a client by a court or tribunal

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Type: Legal Aid resource🔍 · Coronavirus resource🔍

Title: Coronavirus (COVID-19): working with clients

Organisation: Legal Aid Agency🔍

Date: 14/4/20🔍

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