HC Deb 14 September 2004 vol 424 cc1561-2W
Mr. Drew

To ask the Parliamentary Secretary, Department for Constitutional Affair; if he will make a statement on the consultation on removing eligibility from children and placing it on parents in the case of clinical and educational negligence cases; and what assessment has been made of the implications of using conditional fee agreements in such cases. [188408]

Mr. Lammy

We have no plans to remove the financial eligibility for legal aid from children and place it on their parents. In November 2002 we consulted on revising the guidance in relation to funding judicial review applications in the name of the child, which had particular relevance in education cases. The revised guidance was implemented from April 2003. The Legal Services Commission has issued a consultation paper, "A New Focus for Civil Legal Aid—encouraging early resolution; discouraging unnecessary litigation" which contains proposals on the use of conditional fee agreements generally, and the appropriate balance between private and public funding. The consultation closes on 15 October and we will announce the way forward thereafter.

Maria Eagle

The available information is in the following tables.

The only benefit requiring a medical examination dealt with by Aylesbury and Milton Keynes district offices is incapacity benefit.