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3.77So, if your client’s case is within the scope of the scheme and your contract, and passes the means and merits tests, you will be able to take it on. However, there are restrictions on what work can be done.
3.78The Civil Legal Aid (Procedure) Regulations 2012 set out limitations on the work that can be done at each level of legal aid. The definitions in the criteria are important, as they set out in full what can and cannot be done at each level of funding. Where the client’s case needs work that is out of the scope of the current level, you will need to make an application for funding at the next level.
Definitions of permitted work
1Civil Legal Aid (Procedure) Regulations 2012 regs 4–10.3.79The main types of funding common to all areas are:
•Legal Help, which allows the provision of advice, negotiation and attempts at settlement and resolution, but not acting as a mediator, issuing or conducting court proceedings, instruction of an advocate or advocacy;
•Help at Court, which authorises help and advocacy for a client at a particular hearing without formally being on the court record as acting for the client;
•Legal representation, which allows the provision of representation in proceedings or contemplated proceedings, including the conduct of litigation and advocacy.
3.80Controlled Legal Representation is a form of legal representation at the controlled work level – that is, which is controlled work rather than licensed work, and therefore granted by the provider rather than the LAA. It allows you to represent clients before tribunals, but only in the mental health and immigration categories.
3.81Family Help is a form of funding only available in the family category, and slots in between Legal Help and legal representation. Family Help (Lower) is a form of controlled work, also known as level 2 work, and authorises advice and assistance in attempting to resolve a family dispute through negotiation and settlement. It does not include mediation, but can include advice in support of mediation. Family Help (Higher) is licensed work covering all litigation up to but not including a final contested hearing. Final hearings can be covered by Legal Representation (see para 6.68).
3.82Help with Mediation was a new form of funding from 1 April 2013 for legal advice for those who are in, or have participated in, mediation. It is controlled work.
3.83Help with Family Mediation was a new form of funding from 1 April 2013 for legal advice for those who are in, or have participated in, mediation. See chapters 6 and 8.
3.84Investigative representation is a type of licensed work that allows the LAA to issue a certificate that is limited in scope and costs, permitting the solicitor to investigate the strength of a proposed claim but not generally to issue or conduct proceedings.
3.85More details of the types of work that can be carried out at each funding level can be found in the following chapters.