4. Starter What is your opinion? No one should be allowed legal aid
5. News Reports Look at the news reports provided. Be ready to give your opinion on the matter involved.
6. Why do people need aid? Lack of knowledge – people do not know where their nearest solicitor is located or who specialises in the law they need People often have a fear of dealing with lawyers – they feel intimidated Cost – Solicitors can charge from about £100 an hour for routine advice to over £300 for work done by a top solicitor.
7. The Legal Services Commission Section 1 of the Access to Justice Act 1999 set up the Legal Services Commission. They took over the funding of civil cases from the Legal Aid Board. The members were appointed by the Lord Chancellor. When appointing members he should try to make sure that they have a wide range of expertise and experience. Responsible for: Managing the Community Legal Service Fund Developing local, regional and national plans to match legal services to needs. Managing the Criminal Defence Service
20. Other matters arising out of the carrying on of a business.Funding is available for cases in the County Court, High Court and Appeal Court. However, for amounts of under £5,000 no funding is available.
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22. Help at Court – allows help and advocacy without formally acting as legal representative
23. Legal Representation – the covers all aspects of a case including starting or defending court proceedings and any advocacy needed
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25. Community Legal Advice Centres Introduced by the Government in March 2006. A one-stop service providing advice on debt, welfare benefits, community care, housing and employment.
26. Questions Answer the following questions: What are the potential consequences of the 2006 consultation paper “Legal Aid: Sustainable Future”, on the degree of legal aid available in civil cases? In order to gain a contract, and funding, for legal aid, providers must provide a quality service by meeting certain quality marks 2. What are the quality marks, what kind of providers meet them and how? 3. Why is the Community Legal Service website particularly helpful?
35. A standard allowance for employment (where the person is employed)People receiving income support of income based job seeker’s allowance automatically qualify.
36. Disposable Income There is a minimum amount below which the applicant does not have to pay, for anything above this a monthly contribution has to be paid. Monthly disposable income is graded into bands: Band A ¼ of income in excess of the band Band B 1/3 of income in excess of the band Band C ½ of income in excess of the band
40. Expensive jewelleryThe maximum limit for disposable capital, for Legal Help and Help at Court, is £3,000. For other publically funded services there is a minimum of £3,000 and a max of £8,000. If the assets are below £3,000 then no contribution is required.
41. Disposable Capital Where a person owns a home the value of that home is taken into account. This is done by deducting the amount of mortgage, but only up to £100,000, from the current value of the property. If the amount left after this exceeds £100,000 then all the excess is counted as disposable capital. Example: House current market value £220,000 Mortgage £140,000 – can only deduct £100,000 £100,000 Leaves £120,000 Deduct allowance of £100,000 from the value = £20,000
42. Criteria for funding What do you think will be considered when deciding to fund a case or not?
51. Activity Create a poster showing people how they can get help for civil cases. Consider: Making it look interesting Information they will need to have If there are any eligibility issues
52. Questions What are “advice deserts”? How is “means testing” affecting access to justice for those of moderate incomes?
