These FAQs provide a few useful pointers on the requirements which have to be met in order to qualify for public funding, and information about how you can go about applying for it.
Funding in civil cases is available to anyone who qualifies, provided that the case is within the scope of the scheme. People receiving Income Support or income based Jobseeker's allowance, automatically qualify financially for funding. Otherwise, people can get 'free', or non-contributory, help, if they have a gross monthly income of less than £2,435, a monthly disposable income below £290 and disposable capital of £3,000 or less. If their monthly disposable income is between £290 and £672, or disposable capital between £3,000 and £8,000, they will be offered funding on the basis that they agree to pay contributions towards their legal costs.
In addition to qualifying financially, an applicant must also show that he or she has reasonable grounds for taking, defending or being a party to proceedings, and that it is reasonable, in the particular circumstances of the case, for public funding to be granted. The Commission must consider, for example, whether the case has a reasonable chance of success, whether the benefits of litigation would outweigh the cost to public funds, and whether the applicant would gain any significant personal benefit from proceeding, bearing in mind any liability to repay the costs if successful. These factors are similar to those that would influence a privately paying client of moderate means when considering whether to become involved in proceedings.
A solicitor, or a member of a Law Centre or Citizens' Advice Bureau, will be able to advise you about whether you have a reasonable cause of action and whether you will be eligible for funding. If a solicitor is willing to act for you, he will be able to apply for funding on your behalf. The Legal Services Commission produces a leaflet explaining the various forms of funding.
Information about which solicitors undertake publicly funded work can be found in the Community Legal Service Directory, which can be found in most reference libraries and Citizens' Advice Bureaux. You can also call 0845 608 1122 or log on to the Community Legal Service website www.justask.org.uk. You may also like to try local information directories or the Yellow Pages. Another source of information about solicitors is the Solicitors' Regional Directory.
There are a number of reasons for which the Commission may revoke a certificate. These include abusing funding by making untrue statements, failing to provide material information, and failing to attend for interview. If it intends to revoke a certificate, the Commission informs the funded client of its decision and provides an explanation. The client then has a chance to demonstrate why funding should continue. If, following consideration of any reply, the Commission decides to proceed with revocation, or to discharge the certificate instead, another letter is sent giving the reasons. The funded client then has fourteen days in which to appeal against the Commission's decision.
Where a certificate is revoked, the client is treated as never having been publicly funded and is responsible for any costs incurred by the Commission. If the Commission decides to discharge the certificate instead, it will pay the solicitor's fees up to the withdrawal of funding.
An independent funding adjudicator, who considers the application in full, hears the appeal. The adjudicator can give a definitive view of certain factors such as prospects of success. They should fully appreciate the arguments being put forward by the funded client, and it is not necessary for you to appear in person to contest the Commission's decision. Nor do you need to be represented for the proper consideration of your case to take place. However, if an appeal is unsuccessful, an individual can reapply for funding if further evidence to support his or her claim comes to light.
Complaints about the service provided by the Legal Services Commission should initially be addressed by the Customer Services Manager of the Regional Office concerned. If the complaint has not been resolved at this point, the complaint may be sent to the Customer Services Manager at the Commission's Head Office, who will call for a report from the Regional Office and review its handling of the complaint.
The Legal Services Commission is also accountable to the Parliamentary and Health Service Ombudsman. The Ombudsman investigates complaints about maladministration by public bodies; this provides an independent scrutiny. So if you remain unhappy with the way your complaint has been handled, you can ask an MP to refer it to the Ombudsman. If an MP decides to refer your complaint, the Ombudsman will need to see evidence of maladministration.
Public funding is intended to help the least well-off in society with the costs of their legal advice. The Government recognises that people who have been refused funding may still not be able to readily afford legal advice, and may feel that the system is unfair, but there are many competing priorities for public funding.