Legal Aid (Hansard, 29 June 1993)

§ Mr. Burt

The assessment of financial eligibility for civil legal aid is a matter for Mr. Michael Bichard, the chief executive of the Benefits Agency. He will write to the hon. Member and a copy will be placed in the Library.

Letter from Michael Bichard to Mrs. Jane Kennedy, dated 28 June 1993:

As Chief Executive of the Benefits Agency it is my responsibility to answer questions about relevant operational matters. I am therefore replying to your recent Parliamentary Questions to the Secretary of State for Social Security asking (i) what guidance is given to assessment officers in applying the discretionary provisions of the Civil Legal Aid (Assessment of Resources) Regulations and (ii) what arc the relevant qualifications possessed by assessment officers determining legal aid eligibility; what training and guidance is provided to assessment officers; and what monitoring and supervision of assessment officers' performance takes place.

I should first of all point out that the assessment of financial eligibility for civil legal aid is performed on behalf of the Legal Aid Board by the Benefits Agency at a centralised office situated in Preston.

Assessment officers are provided with written guidance on all aspects of the financial assessment of civil legal aid cases. This includes the application of the discretionary provisions which permit an allowance against, or a disregard of, an item of income or capital to be made where reasonable.

The advice, however, only gives general guidelines. It encourages assessment officers to use their powers in a way which is consistent with the Regulations, that shows impartiality between the interests of the applicant, the opponent and the legal aid fund and for their decisions to be made taking into account all relevant information about the circumstances of each individual case. Such guidance cannot, therefore, be prescriptive although examples are given where it might be reasonable to exercise discretion.

The Secretary of State for Social Security has authorised all officers of the grade of Administrative Officer and above employed in the Benefits Agency's Legal Aid Assessment Office to be assessment officers for the purpose of determining the financial resources of persons seeking civil legal aid.

In practice most assessment work is carried out by Administrative Officers who will have the minimum qualifications applicable to the grade, unless they have been promoted from Administrative Assistant or equivalent.

The Legal Aid Assessment office provides extensive and discreet in-house technical training for assessment officers. This consists of both classroom training and operational experience followed by support from a trained mentor. Further advice and information is provided by the written guidance given to assessment officers and supported by a section within the Assessment Office responsible for considering policy and procedural matters.

The performance of assessment officers is monitored on an ongoing basis by their line managers. In addition, a random sample of assessment work is checked by a quality evaluation sections which is entirely independent of the operational section responsible for making financial assessments. Furthermore, civil legal aid assessment work is subject to scrutiny by both Benefits Agency Internal Audit and the National Audit Office.

I hope you find this reply helpful. A copy of this letter will appear in the Official Report and a copy will also be placed in the Library.