Coronavirus (COVID-19): working with clients
Our approach to working with clients and making applications.
Applies to England and Wales
The arrangements outlined here have been reviewed against the guidance set out for England and Wales by the UK and Welsh Governments.
Unless specified, end dates set against arrangements will be kept under review. We will give 3 weeks’ notice for restart dates, on a rolling schedule for legal aid providers.
Remote communication with clients
We will be reverting to the contractual position on remote working on 16 May 2022, which will give providers 6 weeks to adjust. Your contract allows for 50% of controlled work applications to be made remotely. Where you accept a remote application to comply with your duties under the Equality Act 2010, this will not count towards the 50% limit.
This is set out in the 2018 Standard Civil Contract under paragraph 3.17 of the general specification and 3.11 of the mediation specification. You should note there are no contractual limits for licensed work.
Your contract does allow you to exceed the 50% threshold if you obtain advance written authority from the LAA. If you believe you will exceed the 50% threshold you should request written authority from your contract manager setting out the reasons why.
Reasons may include:
-
not having access to high security hospitals due to any ongoing COVID-19 restrictions
-
a change in the way that work is dealt e.g. Home Office conducting more interviews remotely
-
health circumstances of individual fee earners
-
client choice – although clients must always have the option of face-to-face advice
This is not an exhaustive list.
Funding for Coronavirus Act appeals
Appeals to a magistrates’ court to challenge restrictions or requirements under the Coronavirus Act are not in scope for legal aid. Individuals will need to apply for exceptional case funding (ECF) for these cases.
This work is classified as ‘miscellaneous work’. This means that any provider with a 2018 Standard Civil Contract can apply for ECF under the terms of their contract.
We have created a special process for these applications. Further information can be found in our guidance for applying for exceptional case funding.
Crime telephone advice
If a client stays at home following NHS, Public Health England or Public Health Wales guidance, we would consider this a good reason for non-attendance at your office. See section 9.121 of the crime specification.
Assessing financial eligibility where a client cannot attend
The contract specification allows you in certain situations to assess means without accompanying evidence where it is not practicable to do so:
-
section 3.6 crime
-
section 3.24 civil
Where a client is staying at home, it may still be possible to collect evidence by email or post. Reasonable efforts to collect evidence should still be made and recorded, before assessing without evidence if that is not possible.
When we assess civil or crime applications under any scheme, we will exercise the same discretion as above. Providers should submit what evidence they have available and highlight any issues they have had collecting other documentation.
Using digital signatures
Digital client signatures will be acceptable as an alternative to handwritten ‘wet’ signatures and will meet our contract requirements.
The Law Society has guidance and practice notes in this area:
Signing and exchanging documents
Execution of a document using an electronic signature
We will accept all digital methods which meet the requirements outlined as Simple Contracts in the Law Society practice note.
Text messages are not considered an acceptable method of digital signature and are not covered by the Law Society.
In situations where it is not possible to directly obtain a client signature, you should make a note on the file explaining why, countersigned by a supervisor.
You should also make a note on the relevant form itself, explaining the specific reason why a signature cannot be obtained. Simply referring to COVID-19 will be insufficient.
In these circumstances, you will also be required to provide express evidence. For example, email exchanges or telephone attendance notes. The evidence needs to demonstrate one of the following:
-
the client formed the appropriate intention to sign and submit the application form, or
-
you have been directly appointed by a court or tribunal to act for the client
In order to avoid delays or issues with processing, you should seek a signature at the earliest possible opportunity.
You may still submit a claim if you are unable to secure a client signature, including a digital signature, where:
-
it is clear reasonable attempts have been made to secure the client’s signature and you have provided evidence of the client’s intention to sign the form, or
-
you have been appointed to act for a client by a court or tribunal
Application evidence requirements
We will adopt a flexible approach for certain types of evidence.
This is because we recognise some applicants may struggle, in certain circumstances, to obtain the evidence of their:
-
own or partner’s income
-
outgoings, such as mortgage statements
We will continue to accept photos or screen-shots of evidence for these if applicants provide a suitable explanation e.g. self-isolation.
We will also continue to offer extended deadlines where the impacts of COVID-19 mean the original deadline is impractical.
For civil applications, if providers have particular concerns about a client, they may request that the civil means team invoke the ‘vulnerable client’ provision.
In these instances, the case will be referred to a senior caseworker who will consider the client’s circumstances and try to complete the assessment without requesting further client information.
If further information is needed, any request would be proportionate with the eligibility risks posed by the client.
Income evidence sanctions – crime applications
Sanctions are considered where income evidence has not been provided with a client’s crime application.
However, we are clear that we will take account of issues related to COVID-19 when considering whether the client has demonstrated a ‘reasonable excuse’.
This means being appropriately flexible when considering additional expenditure evidence, for defendants on hardship applications and eligibility reviews.
Our customer services teams can assist with any deadline extension requests or other application evidence queries.
Client finances and contributions
Furlough
We understand that an applicant’s financial situation may change due to them being furloughed. If this happens, they should explain their employer’s furlough approach by notifying us of their ‘change in financial circumstances’ (CIFC).
This will allow us to reassess the client’s application and/or contribution. An applicant should also notify us if they are furloughed but have a second job – either pre-existing or new.
Applicants will need to notify the LAA about their CIFC when their furlough ends on 30 September 2021.
Self-employed applicants
We recognise that income can be varied and challenging in the current climate. Self-employed applicants should provide last year’s accounts but may also provide more recent evidence.
Applicants receiving government help via the Self-Employment Income Support Scheme Grant Extension, or who have reduced income, must explain their current circumstances. They will need to provide supporting evidence, including evidence of the grant.
If no evidence or detail is provided for any currently reduced self-employed income, then applications will be assessed as usual using the latest accounts.
If applicants are in receipt of the government grant, we will need to know how much the grant was for and when it was paid. If they are still generating income besides the grant, they should provide evidence of their monthly profit.
Applicants also need to show why the latest accounts are not appropriate for assessing their current level of income. This will allow us to be more flexible when calculating an applicant’s eligibility, or liability for an income contribution, in these exceptional times.
It is important to remind applicants that they must notify the LAA of any ‘change in financial circumstances’ (CIFCs). They will need to submit a CIFC when the grant scheme ends, or earlier if business picks up sooner
Stay up to date
If you have any questions about your contract, talk to your contract manager.
We are monitoring the situation and will update any changes to operational guidance in the first instance on our digital channels:
- Twitter: @LegalAidAgency and @LAAHelpTeam
- Legal Aid Agency Bulletin (subscribe)
We will also share information with representative bodies to share with their members.
Further information
Coronavirus (COVID-19): Legal Aid Agency contingency response
Updates to this page
Last updated 4 April 2022 + show all updates
-
Remote working content amended because we will be reverting to the contractual position on remote working on 16 May 2022
-
Contingency arrangements affecting remote applications in civil work and also the acceptance of digital signatures are being extended until 28 February 2022.
-
Coronavirus (COVID-19): working with clients - Remote applications in civil work.
-
Updated content for legal aid providers on working with clients during the COVID-19 pandemic
-
Edit to amend dates for extension of contingency arrangements.
-
Edit to remove text from civil contribution collection and enforcement
-
Edit to remove the CLA telephone line operating hours
-
Edit to insert the application evidence requirements section.
-
Updated to reflect the extension to the Coronavirus Job Retention Scheme (furlough) until December, that was announced by the government on 31 October 2020.
-
Updated to reflect changes on 1 November: * restart of collection and enforcement activity except in exceptional circumstances * change to the support schemes for employed and self employed individuals and to update the opening hours for CLA and add additional guidance
-
Added note that from 1 October Civil Legal Advice will resume business as usual hours: 9am to 8pm Monday to Friday, 9am to 12.30pm Saturday.
-
Updated to include guidance on self-employed applicants receiving government help via the Self-Employment Income Support Scheme, or who have reduced income.
-
Extension of reduced CLA operating hours until 31 July 2020.
-
Civil Legal Advice change of operating hours included.
-
Expanded guidance on using digital signatures.
-
First published.