10.20CLR is granted by your signature on a form already signed by the client (subject to the same provisions set out above for Legal Help where the client is unable or refuses to sign).1Standard Civil Contract 2014 Specification para 7.40. Since a grant of CLR is a requirement in any case that goes to the MHT (subject to merit, below), and therefore very much standard practice in most cases, it can become easy to overlook the necessity actually to sign the form and keep it on file. In our experience, some firms have suffered on costs compliance audit as a result. You may wish to consider incorporating a reminder into your file opening checklist.

10.21CLR for representation before the MHT is available without the need for a means test.2Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 reg 5(1)(j) and Standard Civil Contract 2014 Specification para 7.15.

10.22The merits test applicable to CLR in the mental health category is set at a very low threshold, given that the client’s liberty is at stake. The test is that the Director (in practice, you) must be satisfied that it is reasonable in the particular circumstances of the case for CLR to be granted.3Civil Legal Aid (Merits Criteria) Regulations 2013 reg 51. The contract makes clear that it would be unusual for it to be unreasonable to grant CLR.4Standard Civil Contract 2014 Specification para 7.35. However, the prospects of success will govern how much work should be done. CLR is available to the patient, and if the nearest relative is the applicant to the tribunal, to the nearest relative.5Standard Civil Contract 2014 Specification para 7.33.