Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the Answer of 1 February 2022 to Question 113255 on Legal Aid Scheme, what training and/or guidance is provided by the Director of Legal Aid Casework to Legal Aid Agency caseworkers to ensure they are aware of relevant factors to take into account when making a determination.

In addition to the Lord Chancellor’s guidance on determining financial eligibility for certificated work, Legal Aid Agency (LAA) caseworkers with responsibility for determining financial eligibility for legal aid are provided with guidance in the form of the LAA’s Means Assessment Guidance.

Following the judgment in R(GR) v DLAC [2020] EWHC 3140 (Admin), the Means Assessment Guidance was updated specifically in relation to the Director of Legal Aid Casework’s discretion to value assets other than at sale value under Regulation 31(b) of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013.

In particular, section 5.3.8 sets out relevant factors for caseworkers to take into account when exercising discretion under Regulation 31(b) on behalf of the Director.

Decisions are considered on a case by case basis using the published guidance referred to above, which can be found at https://www.gov.uk/guidance/civil-legal-aid-means-testing. In making individual determinations, the Director, and staff acting on her behalf, must act independently of Ministers.