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4.44The form is the CIV ECF1, which should be submitted with a CW1 (if you are applying for Legal Help), or a CIV APP1 (civil licensed work or special case work) or CIV APP3 (for family licensed work cases) and the applicable means form if you are applying for representation. The appropriate MEANS forms must also be submitted, since exceptional funding will only be granted if the applicant passes the means and merits tests applicable for the type of legal aid sought. Applications can also be made through CCMS, which should be the default mechanism for existing users of the system.
4.45The LAA will also consider direct applications from individuals which do not nominate any provider, and in that case will consider any information provided by the individual in whatever form it is provided – it does not require individual applicants to complete the ECF and APP forms, though encourages them to do so to make sure that the right tests are addressed.
4.46Paper applications should be submitted to the Exceptional Cases Funding Team at Legal Aid Agency, Post Point 8.51, Eigth Floor, 102 Petty France London SW1H 9AJ or Legal Aid Agency, DX 161440 Westminster 8. Applications may also be scanned and submitted by email to
ECF@legalaid.gsi.gov.uk.
4.47The LAA aims to deal with all applications within 20 working days. However, the 20-day period is suspended if it asks for further information.
4.48A lack of an emergency procedure for granting exceptional case funding was criticised by Collins J in IS (see para 4.18 above). In response, the LAA has introduced a limited urgency procedure. Details of the urgency must be included on page 6 of the ECF1 form – these will generally be the expiry of a limitation date, an imminent hearing, or some other reason why delay would prejudice or harm the applicant or their case. If the LAA agrees that the situation is urgent, it will prioritise the application above non-urgent ones and aim to deal with it within five working days. However, it does not guarantee to determine an application before a specific deadline in the case.
Payment
4.50There is no mechanism for paying you for completing applications unless legal aid is granted, and so advising a client on the availability of exceptional funding and making an application is subject to conditional funding. Grants will generally be backdated (see below) and so funding at the usual payment rates for the type of funding will be available from then. Providers granted an individual case contract who do not have a standard civil contract will need to make individual arrangements with the LAA to receive payment. See section 9 of the provider information pack.
Legal Help/controlled work
4.51Provided the application is submitted within two months of the date when the client signs the controlled work form, the LAA will backdate any successful exceptional case funding application to the date the client signed the CW1 or CW2 form.
Legal representation
4.52Where the application is submitted within two months from the date on the CIVAPP1 or CIVAPP3 as the date of the client’s first attendance/instruction on the matter, the LAA will backdate the certificate to that date.
Review process
4.53There is no independent appeals process but you can submit an application for review of an unfavourable decision within 14 days. This is done using form APP9E, which should be completed with grounds for review and any supporting documentation to the ECF Team. The LAA aims to process the application for review within ten working days. There is no right of appeal or any further review process. Only one application for review may be submitted. The review will be considered by a senior caseworker not involved in the original decision.
4.54However, if an application is refused, that is a decision subject to judicial review – and a judicial review of a refusal of exceptional funding would be
in scope because of para 19 of Part 1 of Schedule 1 to LASPO. You can therefore grant Legal Help, and apply for legal aid, in the usual way to challenge a refusal of exceptional funding by way of judicial review. There is a helpful discussion of the requirements of such an application – and dealing with refusals of it – in a paper by John Halford and Francesca Allen of Bindmans LLP.
1Physician, Heal Thyself: securing exceptional funding from the LAA to challenge its own exceptional funding refusals, available at www.publiclawproject.org.uk/data/resources/194/JH_FA_physician_heal_thyself.pdf.