Granting Legal HelpMental health case:Legal HelpMental health caseMental health case:Legal Help:meansMental health case:Legal HelpMental health caseMental health case:Legal Help:meansMental health case:Legal HelpMental health caseMental health case:Legal Help:meritsMental health case:Legal HelpMental health case
10.16The general rules set out in chapter 3 and 5 apply to the granting of Legal Help in the mental health category. Where the client’s condition is such that he or she will not sign the application form, and there is no other person who could sign it on their behalf, a supervisor in your organisation can sign it on their behalf.
1Standard Civil Contract 2014 Specification para 7.40. The reasons should be noted on file.
Means
10.17The usual means test for Legal Help will apply – see chapter 3 for details. Note that the guidance on evidence of means, which can be accessed on the legal aid website via the eligibility calculator,
2http://civil-eligibility-calculator.justice.gov.uk/. states:
It will often be impracticable to obtain evidence of income from patients with mental health problems who are in hospital (for example, those detained under the Mental Health Act). Practitioners should however attempt to obtain oral or written confirmation of the position (eg type of benefit received) from the ward manager or social worker where practicable.
10.18However, where the client is a patient whose case is the subject of proceedings or potential proceedings before the MHT, no means test is required
3Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 reg 5(1)(f); Standard Civil Contract 2014 Specification para 7.15. – the client is automatically eligible. Where the case covers both MHT and non-MHT issues, it will be all one matter
4Standard Civil Contract 2014 Specification para 7.19. and therefore no means test need be carried out.
5Standard Civil Contract 2014 Specification para 7.20.Merits
10.19The usual merits test for Legal Help – the ‘sufficient benefit test’ – will apply. See chapter 5 for details of the sufficient benefit test.