Legal Aid Agency gave mixed messages about the process for appealing its funding decisions

What happened

Ms H was awarded legal aid in connection with a matter in the family courts. Her legal aid certificate did not cover the costs of a final hearing, and her solicitor applied to the LAA in autumn 2014 to amend the certificate so she could be represented at a final hearing. The LAA refused Ms H's application because it considered that her case had a poor prospect of success. Ms H appealed, but the LAA still refused her application, so the matter was transferred to the Independent Funding Adjudicator (the Adjudicator) in winter 2014.

On the same day, the LAA sent two letters to Ms H. The first told Ms H that her appeal was being sent to the Adjudicator, and invited her to submit any further evidence as a matter of urgency. The other letter explained the Adjudicator's decision to refuse her appeal. The LAA explained the decision was final.

Ms H complained to the LAA and said she wanted to meet with the Adjudicator. Ms H said the LAA and the Adjudicator had overlooked key evidence in connection with her appeal. The LAA did not uphold Ms H's complaint, so she asked her MP to refer the matter to us.

What we found

We upheld some parts of Ms H's complaint. The LAA sent over 300 pages of evidence to the Adjudicator in connection with Ms H's appeal. We were satisfied from looking at the LAA's records that the Adjudicator had seen all of the information needed to make a robust decision. The Adjudicator would only meet with an individual in exceptional cases, and there was no reason to believe that it would have been necessary meet with Ms H to consider her appeal.

Although there was no fault in the way the LAA decided Ms H's application, it was wrong for the LAA to ask her to send further evidence on the same day that it sent the Adjudicator's final decision.

Putting it right

The LAA apologised to Ms H for the distress and frustration it had caused by sending her two letters on the same day which gave mixed messages about its process.