Legal Aid Agency, 'Form CW 1&2 MH' (v19, August 2023)
Mental health Legal Aid form 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.
Signatures
If the client has signed the means-tested part of page 11, there will never be any need to get the client to sign the non-means-tested part (Jake Kraft, MHLA conference, 17/11/23).
Part of the form states that it is to be signed by "An advisor who is one of the approved personnel of your organisation". Para 3.21 of Legal Aid Agency, '2018 Standard Civil Contract Specification: General provisions (sections 1-6)' (19/1/21) states:
You must evidence your determination that a Client qualifies for Controlled Legal Representation by completing and signing a prescribed form. The prescribed form must be signed by or on behalf of a Supervisor.
Differences
Version 18 on the left; version 19 on the right.
| − | Note 1
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. | + | Note 1
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. Please complete the Case Details and Merits Criteria on page 6 and the client declaration on page 11. |
| − | Note 2
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. | + | Note 2
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. Please complete the Case Details and Merits Criteria on page 6 and the client declaration on page 11. |
LAA update notes from Gov.uk
We have changed the version number and date on the CW1&2 MH form to distinguish the version we uploaded on 14 August from the version uploaded on 3 August. On 14 August we corrected the instructions for under 18s within the financial eligibility section. It now refers to completion of the case details and merits criteria section, as well as the client declaration. The previous versions published on 3 August only referred to the client declaration.
Explanation from LAA
In email correspondence with the Mental Health Lawyers Association in September 2023 the LAA stated:
3rd August: the forms were changed to introduce the MTR 1 changes (version 18 of the MH form) and in those comms providers were told that old forms could continue to be used until the 3rd September - Civil news: Phase 1 Means Test Review civil legal aid changes - GOV.UK (www.gov.uk). The forms were changed to reference the removal of the means test for under 18’s. The information included in the form meant providers could skip the means assessment Q’s and go straight to the client declaration.
14th August: It became apparent that the MH and Immigration forms were ordered differently to the main CW1 form. The instructions effectively told providers to go straight to the declaration which meant missing the merits for MH and Immigration. This was not an issue for CW1 as the merits come after the declaration. The MH and Immigration forms were therefore changed and republished (version 18 of the MH form) as soon as this was spotted but the version and dates on the forms were not changed which meant providers would not know whether they were using the right version or not (unless they specifically read the incorrect sentence).
1st September – Communications were published setting out the change to the wording around merits that was rectified on the 14th but revised forms had to be put on the website to further rectify the date and version number (i.e. Version 19 of MH form) issue. In this comms we said that versions from the 3rd August (so V18) would still be accepted but they need to ensure the merits is undertaken.
In this instance, the V18 forms can continue to be used as long as the relevant sections (including the merits sections) are completed. However, we would expect providers to start using v19 as soon as its practicable.
Legal Aid Agency
Download: URL
Type: Legal Aid resource🔍
Title: Form CW 1&2 MH
Organisation: Legal Aid Agency🔍
Date: 1/9/23🔍
What links here:
- Legal Aid forms
- Mental Health Lawyers Association
- Legal Aid Agency, '2018 Standard Civil Contract Specification: General provisions (sections 1-6)' (19/1/21)
- Legal Aid Agency, 'Civil news: immigration and mental health work forms updated' (1/9/23)
- Legal Aid Agency, 'Form CW 1&2 MH' (amended v18, August 2023)
- Annual Review 2023