§ Huw Irranca-DaviesTo ask the Parliamentary Secretary, Department for Constitutional Affairs whether the Legal Services Commission uses a cost-benefit analysis when deciding whether to grant legal aid. [128813]
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§ Mr. LammyThe Legal Services Commission assesses applications for Community Legal Service funding (formerly civil legal aid) against a means and a merits assessment under the Funding Code approved by Parliament. The only exceptions are public law Children Act cases and hearings before the Mental Health Review Tribunal, for which funding is available on a non-means, non-merits basis. A cost-benefit test is an important part of this assessment. The Code imposes different types of cost-benefit test according to the nature of the case. Broadly the criteria seek to ensure that public funding is only available in circumstances where a privately paying client would be prepared to litigate.
A cost-benefit test is not used when deciding whether to grant publicly funded legal representation in criminal cases. The only test in determining whether an individual should be publicly funded is whether it is in the interests of justice, as required by article 6 of ECHR.
§ Huw Irranca-DaviesTo ask the Parliamentary Secretary, Department for Constitutional Affairs what plans the Department has to review the guidelines used by the Legal Services Commission in making decisions on the allocation of legal aid. [128814]
§ Mr. LammyThe Legal Services Commission is responsible for granting public funding in civil cases. The merits criteria for the public funding of individual civil claims are contained in the Commission's Funding Code, which is established under the Access to Justice Act 1999. The criteria themselves are supported by detailed decision-making guidance which is regularly reviewed and updated by the Commission.
There are plans to issue a consultation paper later this year to consider whether changes to the Funding Code should be made. Any changes would be implemented on or after April 2004.