Legal Aid Agency, 'Tribunal appointed representatives in mental health (rule 11(7) cases)' (8/6/17)
Legal Aid and rule 11 This is guidance which has been provided to LAA auditors. In its summary section it states that: (1) No work on a client's case should be started before an application for legal aid has been made and properly signed. (2) The provider should in general always seek to visit the client to see if he has capacity and is willing to apply for legal aid himself (subject to bullets 6 and 7 below). (3) If the client lacks capacity then any person can make the application for legal aid on his behalf. That individual does not otherwise have to be involved in the case. (4) If the client lacks capacity or is unwilling/unable to sign the application form (and it is not appropriate for a third party to apply on his behalf) the provider can sign the application form in accordance with paragraph 9.40 of the contract specification. (5) In all Rule 11(7) cases, we expect to see the authority from the tribunal appointing the firm/individual on the file (usually an email). (6) If it is clear from the outset of the case that client lacks capacity or will be unwilling to sign the application form then the provider does not necessarily need to visit the client to see if he is unable/willing to apply. (7) In these circumstances, the provider should justify on file why he has not made any such attempts (e.g. the client clearly lacks capacity and/or has informed staff that he does not wish to see a solicitor).