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Legal Aid forms: Difference between revisions

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All the legal aid forms can be obtained from the Legal Services Commission's website; they change fairly regularly so check there for updates.<ref>[http://www.legalservices.gov.uk/civil/forms.asp Legal Services Commission website: Civil Forms]</ref> A guide to civil application forms is available on the LSC website.<ref>[http://www.legalservices.gov.uk/docs/forms/Guide_to_LSC_Civil_Application_Forms.pdf LSC, 'Guide to LSC Civil Application Forms']</ref>
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All the legal aid forms can be obtained from the Government website; they change fairly regularly so check there for updates.


==Updates==
==Grace period following introduction of new forms==
*29/09/12: The following Legal Aid forms relevant to mental health law are being updated from 1/10/12: CLSAPP1 (application for Legal Aid certificate), CLSMEANS1 (financial assessment form), MEANS1P (supplementary means assessment form for completion by prisoners), CLSMEANS2 (financial assessment form). All forms signed and dated on or after 1/10/12 must be new versions. Old forms signed before that date will be accepted until 30/10/12. New means assessment forms may be used immediately. See [http://www.legalservices.gov.uk/docs/cls_main/masterpack-forms-change-guide-october-2012-civil.pdf LSC, 'Masterpack Forms Change Guide October 2012' (28/9/12)]
Para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." Occasionally forms have been changed without notice, but the LAA have always commenced the notice period from when notification under the contract was belatedly made.


=== Controlled work forms ===
==Form CW 1&2 MH==
The main ones are:
At the time of writing the following is the latest form. The page contains a link to the LAA website, which should redirect to whatever is the current form.
*{{rsum|Legal Aid Agency, 'Form CW 1&2 MH' (v19, August 2023)}}
*{{rsum|Legal Aid Agency, 'Civil news: immigration and mental health work forms updated' (1/9/23)}}


* "Controlled Work 1 & 2 Mental Health"
==External links==
 
*[https://www.gov.uk/topic/legal-aid-for-providers/forms Main Legal Aid forms page on Gov.uk website]
* "Controlled Work Counsel - Mental Health" (an application for Prior Authority to incur enhanced rates for counsel)
 
* "EC Claim 1: Exceptional Cases"
 
=== Certificate work forms ===
These are required for [[judicial review]]s and some other matters. The non-family application forms are:


* "CLS APP 1 Application for CLS Funding Certificate: Legal Representation"
*[https://www.gov.uk/government/collections/controlled-work-application-forms Government website: Controlled work application forms]. "Forms to apply for legal aid in controlled work cases, including immigration and mental health, family mediation and appeals."


* "CLS APP 6 Emergency application via fax"
*[https://www.gov.uk/government/publications/mental-health-legal-help-and-representation Government website: Mental health: CLR, enhanced rates and review of refusal]. "Controlled work application forms: representation - CW1&2 (MH), enhanced rates - CWC (MH), review of refusal or withdrawal - CW4 (MH)."


* "CLS APP 8 Application for amendment or prior authority in civil cases"
*[https://www.gov.uk/government/collections/civil-legal-aid-application-forms Government website: Civil legal aid application forms]. "Forms and guidance to apply for legal aid in civil and family cases, as well as certificates, notices, proceeding codes, and judicial review."


* "CLS APP 11 Application for discharge"
*[https://www.gov.uk/guidance/legal-aid-submit-a-claim Government website: Legal aid: submit a claim]. "Use claim forms or claim online, eg using CCMS, to get paid for all aspects of legal aid work; find guidance and help with submissions."
 
=== Means forms ===
These are required in conjunction with the certificate application forms. The main ones are:
 
* "CLS MEANS 2: Means assessment form for people who receive Income Support" - for clients on IS, income-based JSA, income-based Employment and Support Allowance or Guarantee Credit.
 
* "CLS MEANS 1: Financial assessment form" - for clients who can't fill in MEANS2. There are some associated forms (e.g. CLS MEANS 1A, 1B, 1C, L17) which may be relevant, depending on employment circumstances.
 
===Where work is processed===
LSC publish an interactive guide to which LSC offices process which types of work, which is regularly updated.<ref>[http://www.legalservices.gov.uk/docs/forms/Where_Work_Is_Processed_May11%281%29.pdf LSC, 'Where work is processed' (May 2011)]</ref>
 
==See also==
*[[Legal Aid]]
*[[Legal Aid News]]
 
==External links==
<references/>


[[Category:Legal Aid]]
*{{link|https://www.gov.uk/government/publications/escape-fee-case-claim-forms|Government website: EC-CLAIM 1: escape fee case claim form}}. "Forms and checklists to submit escape fee case claims under the 4 different categories." The following documents are relevant to mental health law: (1) LAA, 'EC-CLAIM 1 MH: escape fee case claim form - mental health' (v8, April 2015); (2) LAA, 'Escape claim checklist - mental health' (v1.4, September 2016).
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Latest revision as of 21:18, 4 September 2023

All the legal aid forms can be obtained from the Government website; they change fairly regularly so check there for updates.

Grace period following introduction of new forms

Para 3.12 of the 2018 Standard Civil Contract Specification states: "We may amend the Application Forms from time to time upon giving at least 28 days' notice to you." Occasionally forms have been changed without notice, but the LAA have always commenced the notice period from when notification under the contract was belatedly made.

Form CW 1&2 MH

At the time of writing the following is the latest form. The page contains a link to the LAA website, which should redirect to whatever is the current form.

  • Mental health Legal Aid form. Legal Aid Agency, 'Form CW 1&2 MH' (v19, August 2023) — 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. Superseded by Legal Aid Agency, 'Form CW 1&2 MH' (v20, September 2024).
  • News story about Legal Aid forms. Legal Aid Agency, 'Civil news: immigration and mental health work forms updated' (1/9/23) — The LAA published three PDFs of Form CW1&2MH recently: (1) 3/8/13 to 13/8/23 inclusive (the original v18); (2) 14/8/23 to 31/8/21 inclusive (v19 but still saying v18 on the form); (3) 1/9/23 onwards (v19). In relation to using the previous forms the LAA say: "We would like you to download the current forms. But we are still accepting the versions published on 3 August. Providers should complete the case details and merits section, as appropriate, for under 18s before making payment submissions." The news story sets out the changes between the original v18 and v19.

External links

  • Government website: EC-CLAIM 1: escape fee case claim form. "Forms and checklists to submit escape fee case claims under the 4 different categories." The following documents are relevant to mental health law: (1) LAA, 'EC-CLAIM 1 MH: escape fee case claim form - mental health' (v8, April 2015); (2) LAA, 'Escape claim checklist - mental health' (v1.4, September 2016).

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