This post is by Jane Pritchard, consultant with Elawvate and author of the CCMS chapter in the Handbook.
This week, the LAA have issued two news items about CCMS.
The first update is headed “speeding up dual stage applications”. There is no new process here. Instead this is about getting the evidence requirements right when you choose which application to make. As we say in the Handbook, if you can make a single stage emergency application rather than dual stage you should use that process. Don’t forget however that if you are likely to need to amend your application before a substantive one is granted, the dual stage application enables you to make amendments to scope and limitation – in which case that process might be better.
There appears to be an issue with nullification of applications where evidence is unavailable and or not submitted to the LAA within the 5 working days allowed for submitting the substantive application. This update confirms that no certificate will be nullified where use of delegated functions can be justified by the evidence submitted with the emergency or substantive applications. Of course, the more information provided with the substantive application the better, even if it is a summary of all actions taken to obtain the evidence and the justification for the use of delegated functions based on the evidence available at the time.
The second news update is a change to process which all providers will welcome. It is now possible to upload supporting documentation when you make an application for prior authority at the point of making the application. This cuts out the need for the LAA to send a request to upload information and then for you to respond to that request – which delays the grant of prior authority. The CCMS quick guide on the LAA website has full details of how to submit an application attaching the evidence. The guide can be found here.
The new LAG Legal Aid Handbook 2018/19 is out now – featuring full coverage of the civil and criminal schemes, fully revised and updated and including the 2018 civil contract. This edition includes brand new chapters on CCMS and community care, specialist chapters on housing, family, mental health, immigration and crime work, and greatly expanded coverage of civil costs. Written by a team of legal aid experts and edited by Vicky Ling, Simon Pugh and Sue James, it’s the one book no legal aid lawyer can afford to be without. Order your copy here now.
