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Legal Aid: Civil news and updates
New tender opportunity to deliver services under the Dartford Housing Possession Court Duty Scheme (HPCDS) ... closes 5pm 30 November 2022
More info: https://www.gov.uk/government/news/civil-news-interim-tender-for-dartford-hpcds-now-open
From the LAA: Providers are being notified of the extension of HPCDS contracts until 31 October 2023 with a break clause which can be exercised in July 2023.
We are extending contracts to allow us to put in place new contracts to deliver the Housing Loss Prevention Advice Service. This is the replacement service for HPCDS.
This needs to happen now because HPCDS services are currently being delivered through contingency contracts which were extended from 1 October 2022 to 29 April 2023.
These arrangements, which maintain the 2013 Standard Civil Contract exclusive schedule arrangements, will now be extended further to 31 October 2023.
More info: https://www.gov.uk/government/news/civil-news-extension-of-hpcds-contracts-to-31-october-2023
From the LAA:
We are inviting tenders to deliver housing and debt contract work in the West Sussex procurement area from 1 February 2023 until 31 August 2024.
.... We are also inviting tenders to deliver services in the following Housing Possession Court Duty Scheme (HPCDS) areas from 1 February until 31 October 2023: Horsham and Worthing; Liverpool.
Deadline: 5pm on 12 January 2023.
More info: https://www.gov.uk/government/news/civil-news-housing-and-debt-and-hpcds-tenders-are-open
New regulations that ensure cost of living payments do not affect entitlement to legal aid -
The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2022
The full-scale Civil Legal Aid Review that had been expected before the end of the year ... will not now happen until next year:
The full-scale Civil Legal Aid Review that had been expected before the end of the year ... will not now happen until next year:
ICYMI yesterday: Government to carry out new review of civil legal aid with a view to moving towards a ‘more effective, more efficient and more sustainable system’
Changes are being made on 10 January 2023 to ensure people receiving cost of living support payments are not disadvantaged when applying for legal aid ...
More info: https://www.gov.uk/government/news/civilcrime-news-eligibility-rules-for-cost-of-living-payments
New legal aid regs in Scotland ... include provision -
... for compensatory payments from the Scottish Infected Blood Support Scheme (SIBSS) and additional payments from the State for the purpose of responding to increases in the cost of living to be disregarded from financial assessment when applications are made for publicly funded legal assistance.
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023
MoJ has now published the Terms of Reference for the review: https://www.gov.uk/guidance/civil-legal-aid-review
The LAA is inviting tenders to deliver housing and debt contract work from 4 April 2023 until 31 August 2024 in (i) Kingston upon Thames and Richmond upon Thames; and (ii) Knowsley.
It is also inviting tenders to deliver services in the (i) Southampton and (ii) Telford Housing Possession Court Duty Scheme areas from 30 April until 31 October 2023:
More info: https://www.gov.uk/government/news/civil-news-tenders-now-open-for-housing-and-debt-and-hpcds-work
The LAA is inviting tenders to deliver housing and debt contract work from 4 April 2023 until 31 August 2024 in Oldham, Rochdale, and Warrington & Halton.
More info: https://www.gov.uk/government/news/civil-news-housing-and-debt-services-tender-opens-for-3-areas
‘New’ from the LAA (though not clear why these 2022/2023 docs are being published in February ...)
The LAA is sending civil contract extension offers by email today following the contract extension announcement made on 3 October 2022 -
Offer deadline
Providers must confirm by email whether they wish to accept the further extension by the deadline of 9 am on Friday 28 April.How long is the extension?
Where the offer is accepted, new schedules will start on 1 September 2023. These will run until 31 August 2024.What if I do not want an extension?
Providers who do not want an extension will see their current civil contracts end at 11.59 pm on 31 August 2023. They will no longer be able to deliver services from that point.
In addition, the LAA says it will shortly be opening up new opportunities to carry out civil contract work in the further extension period up to 31 August 2024 for providers that do not currently hold a 2018 Standard Civil Contract or who wish to expand services currently offered under the 2018 Contract.
Civil news: providers being sent civil contract extension offers
LAA has opened a tender for additional work under the 2018 Standard Civil Contract:
New providers are being invited to carry out work under the terms of the 2018 Standard Civil Contract.
The contracts will run for one year from 1 September 2023 to 31 August 2024.
This tender is for providers who fall into one of these categories:
- new entrants seeking to deliver face to face civil legal aid services
- existing providers who hold a 2018 contract and are seeking to deliver face to face civil legal aid services in additional categories of law
- existing providers holding a 2018 contract who are seeking to deliver face to face civil legal aid services from additional offices/procurement areas.
Deadline is 31 March 2023.
More info: https://www.gov.uk/government/news/civil-news-tender-for-additional-2018-standard-civil-contracts
From the Legal Aid Agency:
Providers are being asked to join us in testing a new service for checking whether their clients qualify for legal aid.
The working name for the new tool is ‘Check if your client qualifies for legal aid’ (CCQ). It is designed to be used when providing civil legal representation or advice to people with legal problems ...
The new CCQ tool will restore online options for calculating eligibility which used to be provided by the now redundant civil legal aid calculator..
More info: https://www.gov.uk/government/news/civil-news-providers-invited-to-help-test-new-eligibility-tool
New tender opportunity for the Housing Loss Prevention Advice Service as a result of ‘some outstanding procurement areas without compliant bids following the 2 previous tenders’ .....
Birkenhead; Cheltenham, Gloucester; Crewe; Dartford; Hull; Leicester; Liverpool; Salisbury, Swindon; Southampton; Telford; Wigan
More info: https://www.gov.uk/government/news/civil-news-further-tender-to-replace-hpcds-services-opens
New legal aid regs in Scotland ... in force from 29 April 2023 ...
They include an increase of 10.2 per cent to non-reformed legal aid and advice and assistance fees
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023
New from the MoJ:
Domestic abuse victims and children are among millions more people who will have access to legal aid under major government investment to support those who need it most.
The move will see over 6 million more vulnerable people and families able to access funded legal support as the government pledges £25 million to boost the legal aid system every year.
Other changes coming into force over the next 2 years include:
- Making everyone eligible for legal aid to defend themselves in the Crown Court, ensuring fair trials and ending the so called ‘innocence tax’ where people were forced to pay for a legal defence even if they were then found not guilty
- Increasing the amount of income someone can receive before having to contribute to legal aid fees by over £3,000 for civil cases and over £12,000 for criminal cases in the magistrates’ court
More info: Access to vital legal support extended to millions of vulnerable people
New from the MoJ:
Domestic abuse victims and children are among millions more people who will have access to legal aid under major government investment to support those who need it most.
The move will see over 6 million more vulnerable people and families able to access funded legal support as the government pledges £25 million to boost the legal aid system every year.
Other changes coming into force over the next 2 years include:
- Making everyone eligible for legal aid to defend themselves in the Crown Court, ensuring fair trials and ending the so called ‘innocence tax’ where people were forced to pay for a legal defence even if they were then found not guilty
- Increasing the amount of income someone can receive before having to contribute to legal aid fees by over £3,000 for civil cases and over £12,000 for criminal cases in the magistrates’ courtMore info: Access to vital legal support extended to millions of vulnerable people
The next two years? That’s nice and vague….
New regs in Scotland:
- amend Civil Legal Aid fees to provide suitable remuneration for work carried out in relation to defended family and civil partnership actions in the sheriff court;
- amend fees for non-appeal criminal legal aid work carried out by Counsel in the High Court, Sheriff Court and JP Court;
- disregard new Social Security payments and new Winter Fuel Payments from financial assessment in relation to eligibility for Advice and Assistance, Civil Legal Aid and Children’s Legal Assistance;
- make specific provision in relation to entitlement to Advice and Assistance in relation to applications under the 2007 Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance.
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 3) Regulations 2023
New MoJ consultation Legal aid fees in the Illegal Migration Bill opened on 27 June and runs until 24 July 2023 -
The Ministry of Justice has published a consultation paper outlining the proposal that for all work undertaken pursuant to Clause 55 of the Illegal Migration Bill (IMB), hourly rates should be up to 15% higher than existing immigration hourly rates.
The Ministry of Justice seeks input only in relation to the fees applicable to immigration legal aid work being brought into scope by the IMB in England and Wales. The proposed increased hourly rates pertain exclusively to legal aid work as done pursuant to the matters set out in Clause 55 subsections (3)-(4) of the Bill and do not extend to other immigration legal aid matters or any other area of legal aid. Specifically, legal aid services provided to a person served with a removal notice, in relation to the removal notice, including any suspensive appeal brought in relation to the notice and any application under Clause 55 subsection (4) of the Bill (‘IMB Work’).
Some new regs .. include provision for removal of the means test for civil legal aid for individuals under the age of 18 applying for all civil legal representation (including Exceptional Case Funding representation) and family help (higher)
Criminal and Civil Legal Aid (Amendment) Regulations 2023
(Although the explanatory memo makes clear that “the changes ... reflect the fact that very few applicants aged under 18 fail the means test ...”)
From the Legal Aid Agency:
The housing and debt specification, which is part of the 2018 Standard Civil Contract, has been amended to include the new Housing Loss Prevention Advice Service (HLPAS) which commences on the 1 August 2023. A draft version of the housing and debt specification including these changes is available on GOV.UK.
More info: https://www.gov.uk/government/news/civil-news-amended-housing-and-debt-specification
The Legal Aid Agency is inviting tenders to deliver housing and debt contract work from 1 October 2023 until 31 August 2024 in the Walsall procurement area.
More info: https://www.gov.uk/government/news/civil-news-tender-open-for-housing-and-debt-services-in-walsall
Some new regs .. include provision for removal of the means test for civil legal aid for individuals under the age of 18 applying for all civil legal representation (including Exceptional Case Funding representation) and family help (higher)
Criminal and Civil Legal Aid (Amendment) Regulations 2023
(Although the explanatory memo makes clear that “the changes ... reflect the fact that very few applicants aged under 18 fail the means test ...”)
LAA press release on the changes: Civil news: Phase 1 Means Test Review civil legal aid changes
New online civil legal aid eligibility tool:
The previous civil legal aid calculator was removed in late 2021, as it had become outdated.
Since then, the LAA have been working hard to provide a replacement. We have been testing the tool with volunteer providers and improving it based on their feedback. It is now ready for use by all providers.
The new tool will be regularly updated to reflect the latest rules changes. This will include changes following the Means Test Review changes.
https://www.gov.uk/government/news/civil-news-online-eligibility-tool-launched-for-all-providers
New tender opportunity opened today ...
Organisations are now able to submit bids to deliver publicly funded civil legal aid services under the 2024 Standard Civil Contract, that will cover all categories of civil and family legal aid including housing, debt, welfare benefits, community care and public law.
Applicants can also tender for the Housing Loss Prevention Advice Service (HLPAS), which starts on 1 September 2024.
The procurement process opened today, and the deadline for submitting a bid is 5pm on Tuesday 17 October 2023.
More info: https://www.gov.uk/government/news/civil-news-tender-opens-for-2024-standard-civil-contract
Increased income and capital eligibility thresholds in ‘Help with Fees’ scheme
More info - https://www.gov.uk/government/news/thousands-more-eligible-for-financial-help-with-court-fees
And associated regs - https://www.legislation.gov.uk/uksi/2023/1094/made/data.htm
[ Edited: 17 Oct 2023 at 09:50 am by Daphne ]Some new legal aid regs in relation to those subject to removal notices under the Illegal Migration Act 2023: