Provision of Legal Services as of 1 April 2000

What it covers

Application and Tests

Contribution

Statutory charge

Legal Help and Help at Court

Solicitor or legal adviser can give general advice, write letters, negotiate, get a barrister's opinion and prepare a written case if the applicant has to go before a court or tribunal.
The solicitor or adviser can also appear in court on applicant's behalf, without formally acting for the claimant in the whole proceedings.

Available until charges reach a total of, normally, £500.  Further work can only be carried out with the authority of the LSC.

Applications are assessed at once by the solicitor or adviser who holds a contract with the LSC.

Means test:

• Gross income must not be more than £2,250 per month.
• Disposable income must be £611 or less per month and disposable capital after allowances for dependants must be £3,000 or less (including the value of the home, over £100,000).
• Those on State benefits will be eligible on income but capital will still need to be assessed.

Funding Code Criteria - Help may only be provided:

• where there is sufficient benefit to the client; and
• if it is reasonable for the matter to be funded out of the CLS Fund
• Help at Court may only be provided if the nature of the proceedings and the circumstances of the hearing and the client are such that advocacy is appropriate and will be of real benefit to the client.

If the applicant qualifies financially s/he will not have to pay a contribution.

Statutory charge in family and personal injury matters (see below).

Legal Representation

All work needed to take legal proceedings to trial and beyond.

Full Representation is available in both family and civil cases, plus certain tribunals (Employment Appeal Tribunal, Mental Health Review Tribunal, Immigration Adjudicator and Immigration Appeal Tribunal).

Not usually available for most personal injury cases arising from negligence (other than clinical negligence); cases arising out of the carrying on of a business; cases involving disputes about a partnership, company or trust; boundary disputes; and defamation cases.

A certificate for Full Representation will contain such limitations as to the scope of the work to be carried out as are appropriate to the circumstances of the case, eg, investigative limitations, limitation for negotiations, and proceedings limitations.  The certificate will also contain a costs limitation: unless the LSC decides otherwise, the initial limitation will usually not exceed �2500.

Applications are assessed by the LSC, within a target time of two weeks.

Means test:

• Gross income must not be more than £2,250 per month.
• Disposable income must be below £695 per month and disposable capital after allowances for dependants must normally be below £8,000 (including the value of the home, over £100,000).
• Those on State benefits may automatically qualify on financial grounds for some help.

Funding Code Criteria - the following issues will be considered:

• The likely cost of funding and the benefit which may be obtained;
• The availability of money in the Community Legal Fund;
• The importance of the case for the individual;
• The availability of other services, eg mediation or Conditional Fee Agreement;
• The prospects of success;
• The conduct of the individual;
• The public interest; and
• Such other factors as the Lord Chancellor may require the Commission to consider.

A person will be asked to pay a contribution towards Legal Representation from:
(a) any disposable income between £263 and £695 per month, for as long as the case is being funded by the LSC, and/or
(b) all disposable capital over £3000

If an applicant is successful and wins or gets to keep money or property with the help of CLS funding, s/he may be asked to put some or all of this money towards the solicitor or legal adviser�s bill.  However, the statutory charge does not apply to:

(a) the recovery of maintenance payments and payments up to £3000 in a matrimonial property settlement, (b) family mediation cases, or (c) where advice is given under the Legal Help scheme in any matter other than family and personal injury matters.

Family Mediation

Mediation of a family dispute for couples.  Mediation can help with disputes relating to children, money and property.

Those eligible for mediation can also obtain legal advice and assistance from a solicitor to support them during mediation.  This can either be through Legal Help or Approved Family Help.

Mediators contracted to the LSC.

Means test: gross income must not be greater than £2250 per month.  Disposable income must be £695 per month or less and disposable capital must be £8000 or less.

No contribution payable.

Statutory charge does not apply.

Approved Family Help

'Help with Mediation' provides help in family cases short of Full Representation in contested proceedings, until the solicitor or adviser's charges reach up to £350.  This limit can be extended by the LSC.

'General Family Help' covers negotiations where no mediation is in process and also includes representation in proceedings where this is necessary to obtain disclosure of information from another party, until the solicitor or adviser's charges reach a limit of £1500.  This limit can be extended by the LSC.

Only available from solicitors with a contract with the LSC in family law.

Applications are assessed by the LSC.

Means test: as above for Family Mediation.

A person will be asked to pay a contribution towards General Family Help - the conditions are the same as for Legal Representation.

If an applicant is successful and wins or gets to keep money or property with the help of CLS funding, s/he may be asked to put some or all of this money towards the solicitor or legal adviser�s bill.  However, the statutory charge does not apply to:

(a) the recovery of maintenance payments and payments up to £3000 in a matrimonial property settlement, (b) family mediation cases, or (c) where advice is given under the Legal Help scheme in any matter other than family and personal injury matters.

What it covers

Application and Tests

Contribution

Duty Solicitor Schemes

The Police Station Advice and Assistance scheme provides free legal advice from a contracted solicitor.

The Magistrates' Court Duty Solicitor Scheme provides a solicitor to give free advice and representation on the suspect's first appearance.

The suspect can ask the police to contact the duty solicitor (available 24 hours a day) or his own solicitor.  Alternatively, the suspect can choose a solicitor from a list the police keep.

The suspect asks the court staff for the duty solicitor.

No contribution payable.

Advice and Assistance

Help from a solicitor including giving general advice, writing letters, negotiating, getting a barrister's opinion and preparing a written case.

Applications are assessed at once by a solicitor who has a General Criminal Contract with the LSC.

Means test: disposable income must be £89 per week or less and disposable capital £1,000 or less.

Those on state benefits will be eligible unless disposable capital exceeds £1,000.

No contribution payable.

Advocacy Assistance

The cost of a solicitor preparing a case and initial representation in certain proceedings in both the magistrates' court and the crown court.  It covers representation for prisoners facing disciplinary charges and lifers whose cases are referred to the Parole Board.  It also covers representation for those who have failed to pay a fine or obey a magistrates' court order and are at risk of imprisonment.

Applications are assessed at once by a solicitor who has a General Criminal Contract with the LSC.

Financial test for the prison law class of work: the income limit is £186 per week and the capital limit is £3,000 (with allowances for dependants).

No contribution payable.

Representation

Covers the cost of a solicitor to prepare a defence before going to court and representation.  It may also be available when applying for bail.

If the case requires a barrister that will also be covered.  Representation can also cover advice on appeals and preparing the notice of appeal itself.

Representation is not available to bring a private prosecution.

The defendant should see a solicitor as soon as possible after having been charged with a criminal offence.  The solicitor will fill in the application form and send it to the court where the case will be heard.

There is no longer a financial test. 

The court will grant Representation if it decides it is in the 'interests of justice' that the defendant should be represented.  The court may decide that it is in the 'interests of justice' to grant Representation where, eg, the case is so serious that if the defendant is found guilty s/he is likely to go to prison or lose a job, or where there are substantial questions of law to be argued, or where the defendant is unable to follow the proceedings and explain his/her case because s/he does not speak English well enough or is mentally ill.

The defendant may be asked to pay a contribution for representation in any court other than a magistrates' court.  The judge will only order a contribution if it is reasonable in all the circumstances of the case, including the means of the defendant.

Defender Service

As part of the launch of the Criminal Defence Service, the LSC began piloting its own defender service.  Under the four-year pilot, which began in April 2001, six defender offices were established, comprising staff directly employed by the LSC.  The pilot will form the basis of research into the merits of a mixed (private practice and employed) Criminal Defence Service.