Very rarely the LAA allowed a Point of Principle (PoP) application of ours to proceed to a Cost Appeal Committee hearing. This audit involved files the LAA requested in around 2010/1, forgot about for 3 years, rediscovered and audited, and we initially appealed in the summer of 2014. The following PoP just about brings this process to an end nearly 7 years later.
Where a provider exercises discretion as provided for under the relevant Financial Regulations an assessor may only overturn a determination that an individual qualifies for services where the provider’s determination was manifestly unreasonable.
This point of principle applies to any aspect of the determination which requires a provider to exercise an element of discretion. It does not override any mandatory regulatory or contractual duty relating to the assessment of means. Any determination that an individual is financially eligible for legal services must comply with all relevant regulatory and contractual provisions. In complying with these provisions providers must have regard to the Lord Chancellor’s Guidance issued in relation to determining financial eligibility.
It originally arose out of the application of Reg 11 (4) which deals with the “means of others” which may be aggregated with the client for assessment purposes. In this case, on assessment, the LAA thought the client’s uncle’s means, with whom the asylum seeker was staying, should have been aggregated and a full means assessment conducted. This was a Legal Help/CLR immigration matter thought this reg is more commonly applied in full certificate applications.
Its application is however wider and hopefully brings a bit more protection to practitioners in retrospective audits and delegated function grants.
