UF v A Local Authority [2013] EWHC 4289 (COP), [2013] MHLO 105

(Redirected from UF v A Local Authority (2013) MHLO 105)

Under Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, Legal Aid for MCA 2005 s21A appeals is non-means-tested for as long as the relevant DOLS standard authorisation is in force. In this case the Ministry of Justice and the Legal Aid Agency confirmed that Legal Aid could continue if the court extends the standard authorisation for the duration of the case.

Related judgments

Re UF (No 2) [2014] EWCOP 18, [2014] MHLO 78

External links

BAILII!

Agreed Note of Judgment (8/12/13)

Richard Charlton, 'Non-means tested legal aid restored for patients detained under Mental Capacity Act 2005' (Family Law Week, 8/2/13)

Peter Edwards Law, 'Legal aid agency undermine right of s21A appeal' (1/3/17)†. This article discusses an email from the LAA (relating to a currently unreported case) which stated: "Unfortunately you will not be covered under the current certificate for the period in which the standard authorisation was not in place as this is a condition of non-means funding. As you confirm the standard authorisation has now been renewed, the certificate would be able to continue but there would be a gap in funding. Apologies that this is not the outcome you were hoping for and I do understand that this was out of your hands, but it will not be possible to claim when the authorisation was not in place."