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Casework and Your Constituents:An Introduction to Legal Aid for MPsand their Caseworkers

January 2019 (3rd ed.)

All-Party Parliamentary Group on Legal Aid

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Casework and Your Constituents: An Introduction to Legal Aid for MPs and their Caseworkers

© Legal Aid Practitioners Group, October 2017

Published by Legal Aid Pactitioners Group

Typeset in Myriad Pro 10 pt

Distribution by

Legal Aid Practitioners Group12 Baylis Road, London SE1 7AA

020 7833 7431

[email protected]

www.lapg.co.uk

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Legal Aid Practitioners Group (in its capacity as Joint Secretariat for the All-PartyParliamentary Group on Legal Aid - the“APPG”) has received funding from The LegalEducation Foundation to work with MPs andCouncillors and to provide them withresources and training that will be useful tothem in their surgeries.

The aim of the project is to: ■ Extend the reach of the APPG to MPs and

Councillors and to raise awareness aboutLegal Aid

■ Provide guidance about what caseworkissues might be covered by Legal Aid

■ Inform MPs and Caseworkers about LegalAid eligibility

■ Provide guidance about referrals andhow to access local providers

■ Collaborate with other organisations andto create a comprehensive trainingprogramme for MPs and theirCaseworkers about Identifying LegalIssues, Legal Aid, Housing Law, andWelfare Benefits Law

Casework in MP’s offices■ Can be very varied■ Caseworkers are often contacted at the end

of an issue rather than at the beginning■ Caseworkers are reporting an increase in

Immigration, Housing, Welfare Benefitsissues with nearly a quarter ofconstituents registering a disability as well

■ Administrative support in each officevaries as do the resources being used

■ Is often a request by the constituent forthe MP to intercede on their behalf withthe Council or the Home Office

Common Themes for Caseworkers:■ Housing■ Debt■ Welfare benefits■ Immigration■ Family

What work does legal aid cover?■ Legal Aid has been dramatically reduced

since the Legal Aid, Sentencing andPunishment of Offenders Act 2012 (LASPO)

■ A review of LASPO is imminent■ Law Society review can be accessed here

http://www.lawsociety.org.uk/support-services/research-trends/laspo-4-years-on

■ Legal aid is still available for some civiland most criminal law cases

■ Legal aid services can be provided only byorganisations which have a contract withthe Legal Aid Agency (LAA). These includesome solicitors in private practice, all lawcentres and some Citizens Advice Bureaux.

About the APPG+ Project

An Introduction to Legal Aid for MPs and their Caseworkers

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Casework and Your Constituents

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Housing

What is within the scope of the legal aid scheme? What types of legal problems are covered by Legal Aid?

■ Claims for possession and evictionfrom a constituent’s home

■ Homelessness■ Disrepair, if there’d is a serious risk to

health■ Harassment and a court order is

needed for protection■ To defend an application by a landlord

for an Anti-Social Behaviour order orinjunction

■ We now have the Homes (Fitness forHuman Habitation) Act 2018 whichcomes into force on 20 March 2019.Amongst other things, the Act amendsthe Landlord and Tenant Act 1985sections 8 to 10 and inserts a new s.9A,s.9B and s.9C. The new s.9A(1) impliesinto any tenancy agreement a covenantby the landlord that the dwelling:

(a) is fit for human habitation at the timethe lease is granted or otherwisecreated or, if later, at the beginning ofthe term of the lease, and

Debt

■ Court action by a mortgage providerfor mortgage arrears

■ Court action by a creditor who isforcing a constituent to sell theirhouse

■ A creditor is making a constituentbankrupt

Welfare benefits

■ Only once your first tier appeal hasfailed

■ Legal Aid is available for appeals to– Upper Tribunal– Court of Appeal– Supreme Court

(b)will remain fit for human habitationduring the term of the lease.

This cannot be avoided or contractedout of by the landlord, nor can anycontractual penalty be levied on thetenant for relying on the covenant(s.9A(4)).



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Immigration

■ Asylum applications ■ When a constituent has been detained■ Applications for indefinite leave to

remain where the relationship hasbroken down due to domesticviolence

■ Where the constituent is an EC citizenand applying for leave to remainbecause their relationship has brokendown due to domestic violence

■ Where the constituent is a victim oftrafficking and applying for indefiniteleave to remain

■ Where the constituent is due toappear before the Special ImmigrationAppeals Commission

■ Where the constituent has beenserved with a Terrorism Preventionand Investigation Measure Notice

■ Applications for asylum support, butonly if the constituent has applied forhousing and financial support

Family public cases

■ If the local authority is taking courtproceedings to take a child into careand the constituent is the parent or aninterested party e.g. another relative orthe child

Family – private cases

■ Divorce, dissolution of civilpartnership, property, finance andchildren matters but only where thereis evidence of domestic violence,abuse or child abuse

■ If the constituent is a victim ofdomestic violence or at risk of being avictim of abuse and they need adviceon staying in their home and a courtorder to protect them

■ If a child is at risk of abuse e.g. to get acourt order to prevent someonehaving contact with a child

■ If a constituent needs protection frombeing forced into marriage or becausethey have been forced into marriage

■ To stop children being removed fromthe UK or get them returned if theyhave been unlawfully removed

■ To enforce EU and Internationalagreements about children andmaintenance

■ For family mediation



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Proof/evidence of

domestic violence and abuse

Evidence from:■ Courts■ Police■ Social Services■ A health professional e.g. doctor,

nurse, midwife, psychologist/psychiatrist, health visitor

■ A Refuge Manager■ A Domestic Violence Support Service■ A constituent’s bank■ A constituent’s employer, education or

training provider or provider of anybenefits they receive

■ The constituent may have to pay forthe evidence

■ For further information go tohttp://rightsofwomen.org.uk/?s=Legal+aid&Submit.x=0&Submit.y=0&Submit=submit

Mental health

■ If a constituent has been detained or “sectioned”

■ Applications to Mental HealthTribunals

■ Court of Protection Work■ Appeals against Deprivation of Liberty

Safeguards (DOLS) ■ For further information go to

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true

Domestic violence and abuse

■ There are very strict rules about theproof that a constituent must provideto qualify for legal aid in these cases

■ Domestic abuse includespsychological, physical, sexual,financial or emotional abuse of aconstituent or their children

Community care

■ If a constituent needs help or servicesfrom the local authority and/or the NHS because of illness, disability ormental capacity (including Court ofProtection cases)

■ Disputes about the quality of care inresidential, nursing homes andhospitals, and abuse/neglect issues



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Discrimination

■ If the constituent has beendiscriminated against and thisdiscrimination is against the law. Thelaw protects against discrimination byemployers, education, housing andservice providers, public bodies suchas the Council and associations likesports clubs.

Please note: For three areas of law (Special Educational Needs,Money/Debt and Discriminationcases) constituents must ring themandatory telephone gateway first: 0345 345 4345

Civil legal aid may also be

available for

■ Appeals against Special EducationalNeeds assessments by the Council

■ Some actions against police■ a court order to protect a constituent

from harassment■ an appeal against a decision stopping

a constituent from working withchildren and vulnerable adults

■ advice and help on Disabled FacilitiesGrants

■ civil claims relating to allegations ofabuse and sexual assault

■ confiscation proceedings■ an injunction for gang-related

violence■ an inquest into the death of a family

member■ an injunction to stop a nuisance

caused by environmental pollution■ cross-border disputes.



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What is not within the scope of the legal aid scheme?

Civil legal aid is NOT available for…

■ consumer and other contractualdisputes

■ most immigration cases■ Criminal Injuries Compensation

Authority cases■ private family law, for example,

divorce, dissolution of civilpartnership, property, finance andchildren matters, other than caseswhere there is evidence of domesticviolence or abuse or child abuse.Domestic violence or abuse coverspsychological, physical, sexual,financial or emotional abuse

■ personal injury or death (apart frombirth injury cases and in relation tosome inquests)

■ tort and other general claims■ conveyancing■ advice on will-making■ matters of trust law■ company or partnership law■ business law■ legal advice in relation to a change

of name■ defamation or malicious falsehood



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With the exception of a very narrow rangeof cases, legal aid is subject to a means test.

Legal aid eligibility calculatorThe most useful tool of all!■ https://www.gov.uk/check-legal-aid■ Takes you through each area of law in a

“drop down“ menu■ If the nature of the issue potentially

qualifies this tool will take you throughthe financial eligibility test and theevidence a provider will need to apply forlegal aid

■ It is a strict financial test

Financial test – income■ If a constituent is on a passporting

benefit, income does not count butcapital does. Passporting benefits are– Income support, income related ESA,

income based JSA, universal credit,guaranteed credit part of PensionCredit, government asylum support ifseeking legal aid for an asylum issue

■ A constituent will not qualify if they havegross monthly income over £2,657,including their partner’s income (unlessthe constituent is in dispute with theirpartner)

■ If gross disposable income is less than£2,657, the constituent must havedisposable income of less than £733 toget legal aid. If disposable income is over£315 they will have to pay a monthlycontribution

Financial test – capital■ If a constituent has disposable capital

of over £8,000 they will not qualify forlegal aid– Savings– Valuable items (worth £500 or more)– Their home (property value less any

mortgage)■ If they have less than £3,000 they will not

have to pay anything.■ More than £3,000 and the constituent

must pay a contribution towards theirlegal costs (all the capital they have over£3,000 up to the total cost of the legaladvice)

If you have a constituent who may qualify■ Provide the Civil Legal Advice helpline

number 0345 345 4345 to your constituent■ Refer to a local legal aid provider

– Interactive database of legal aid. See:https://find-legal-advice.justice.gov.uk

How to work out if someone is financially eligible for legal aid



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■ If a constituent has a criminal lawproblem, always refer on to a legal aidcriminal practitioner

■ Available at the police station toeveryone free of charge, regardless ofincome or capital

■ Magistrates Court – two part test:– Must be in the “interests of justice” –

risk of custody, complex legal issue,the constituent must be unable torepresent themselves

– Financial test – the constituent will bepassported if on certain benefits

– Will not qualify if adjusted annualincome (including the constituent’spartner’s) is over £22,325

■ Crown Court – if household disposableincome is over £37,500 the constituentwill not qualify– If gross monthly income is over

£283.17 the constituent will have topay a contribution

– If found guilty and have capital over£30,000, the constituent may have topay a further contribution

– If found not guilty contributionpayments will be refunded

Legal aid for prisonersNot all legal issues arising out of being inprison or seeking to change the terms of asentence or conditions of release arecovered by legal aid.

For further guidance contact Prisons’ Advice Service:http://www.prisonersadvice.org.uk

Criminal legal aid



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All appointments■ Proof of income (e.g. wage slips, benefit

and tax credit letters)■ Bank statements covering the last three

months for all accounts■ Proof of rent/mortgage/housing costs■ Proof of any disposable capital

(such as savings)■ You have to include your partner’s

income unless your partner is the personwho you are in dispute with

Family Issues ■ Parental responsibility agreement ■ Partnership certificate ■ Court documents or legal agreements ■ The passports of both spouses, civil partners

or partners, and any children or other familymembers included in the applications

■ Birth certificates of any children to beincluded on the family permit

■ Marriage or civil partnership certificates ■ Any paperwork or letters relating

to the issue ■ Copy of divorce papers

Housing ■ Tenancy agreement ■ Mortgage details ■ Any court papers ■ Title deeds ■ Inventory ■ Correspondence with landlord

(for example, letters and emails) ■ Receipts ■ Any other relevant contractual

information

Examples of the documents aconstituent may be expected to taketo a legal aid appointment



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If you are eligible for civil legal aid, you maybe able to get help from the Civil LegalAdvice helpline. The Civil Legal Advicehelpline gives free, independent andconfidential advice on the following matters:

■ debt■ discrimination■ education

Please note that all enquiries aboutdebt, discrimination and educationcases must go through the CLAHelpline. Constituents should not bereferred to legal aid solicitor or adviser.

■ housing■ family■ welfare benefits

Clients with housing, family or welfare benefits issues can either callthe Helpline or be referred for face-to-face advice from a legal aidsolicitor or adviser.

The helpline number is: 0345 345 4345. It is open from 9am to 8.00pm, Monday to Friday and from 9am to 12.30pm on aSaturday. Calls cost no more than 4p aminute from a BT landline. Calls frommobiles are usually more.

If you're worried about the cost of thephone-call, you can ask an adviser to callyou back. You can text ‘legalaid’ and yourname to 80010 and an adviser will call youback within 24 hours.

The helpline has a translation service if youwould like advice in a language other thanEnglish or Welsh.

There is also a minicom service for peoplewho are deaf, hard-of-hearing or speech-impaired and a type-talk service for peoplewith hearing difficulties.

Civil Legal Advice helpline



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Gov.uk■ Find a legal aid adviser or family mediator

https://find-legal-advice.justice.gov.uk■ Legal aid general

https://www.gov.uk/legal-aid■ Civil Legal Aid

https://www.gov.uk/civil-legal-advice■ Eligibility calculator

https://www.gov.uk/check-legal-aid

Law Society■ A constituent can still get legal aid

http://www.lawsociety.org.uk/policy-campaigns/Campaigns/Access-to-justice/documents/Legal-aid-leaflet

■ LASPO reviewhttp://www.lawsociety.org.uk/support-services/research-trends/laspo-4-years-on

Advice Now ■ http://www.advicenow.org.uk

Citizens Advice - Eligibility and Help with legal costs/legal aid ■ https://www.citizensadvice.org.uk/law

-and-courts/legal-system/taking-legal-action/help-with-legal-costs-legal-aid

APPG on legal aid■ http://www.apg-legalaid.org

Legal Aid Practitioners Group■ http://www.lapg.co.uk

House of Commons Library ■ http://researchbriefings.parliament.uk/

ResearchBriefing/Summary/SN03207

Legal Aid Handbook ■ https://legalaidhandbook.com

Useful resources



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The APPG+ Project, in association withpartner organisations from across the sector,is rolling out a training programme for MPs’caseworkers and Councillors covering keyissues such as legal aid, housing law, welfarebenefits and identifying legal issues. Alltraining will be free and will be delivered ina location convenient to you.

If you or your caseworkers are interested inaccessing our training programme, pleaseget in touch.

Contact details

Rohini Teather■ [email protected]■ 07980 240676

■ APPG on Legal aid http://www.apg-legalaid.org

■ Legal Aid Practitioners Grouphttp://www.lapg.co.uk/contact

Training needs


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All-Party Parliamentary Group on Legal Aid

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