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FAQs following MANAGING A LEGAL AID CONTRACT Webinar on Wednesday 26 September 2018
Billing
Q1: I would be interested to know more about how the detained duty advice schemes are running, requirements, and how to claim for billing for those matters. This is something new and how the contract managers will be looking to assess these matters?
A1: “Detained Duty Advice Scheme/Detained Duty Advice Surgery” means the special arrangements, which are subject to Schedule authorisation, to deliver an advice surgery at the designated IRCs.
You must have specific authorisation to undertake this work in your Contract Schedule (Specification 8.5) although some exceptions do apply (Specification 8.6)
Details about the scheme can be found in the Immigration section of the LAA’s 2018 Standard Civil Contract Training (Category Specific Rules) and rates payable can be found in the Remuneration Regulations, Schedule 1 Table 4(d) – links to both of these documents can be found below.
KPI
Q2: Do the KPIs apply to claims for certificates commenced under the old contract, or will the LAA be applying two different sets of KPIs while the certs under the old contract wind down (presumably, for years)?
A2: Current KPIs will apply to all claims made after 1.9.18, irrespective of whether they were started under this or previous Contracts. This is because the activity (i.e. billing the file) is taking place within the current contracting period.
Q3: What is the difference between KPI 4A and KPI 5 (other than the % figure)?
A3: KPI4A measures rejection rates for civil applications. A reject is when an application is returned to you for a technical reason e.g. online application incomplete or information which should have been sent is missing. The KPI here is 5%.
KPI5 measures refusals of applications. A refusal is on the grounds that the client is not eligible for funding. The KPI here is 15%.
Experts
Q4: Can you kindly clarify the position with interpreters? Where can I find the clause where it is required that they have to have some qualification as discussed – maybe I missed something?
A4: See Contract Specification clauses 2.47-2.51 (and clause 2.48 in particular regarding currently acceptable qualifications).
Useful links
Legal Help (Controlled work):
• Codes guidance (for submitting via CWA):
Download PDF
• CWA User guides (technical assistance using CWA):
https://www.gov.uk/topic/legal-aid-for-providers/electronic-working
• Guidance on making claim amendments (see bottom of page at link below):
https://www.gov.uk/guidance/submit-a-contracted-work-and-administration-cwa-claim-online
• Evidence of means guidance:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/698225/guide-to-determining-controlled-work.pdf
• Escape Fee Guidance & forms (where claiming full costs on matters 3x value fixed fee):
https://www.gov.uk/government/publications/escape-fee-case-claim-forms
Certificated matters
• CCMS website (training and quick guides):
http://ccmstraining.justice.gov.uk/
• Costs Assessment Guidance:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/737499/Costs_Assessment_Guidance_2018_-_Version_1.pdf
• Civil Finance Electronic Handbook:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/737628/Civil_Finance_Electronic_Handbook_v2_.6_.pdf
• Evidence of means guidance (different to Legal Help guidance, above):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/698224/guide-to-determining-certificated-work.pdf
• Civil Representation Guidance on Proceeding Codes:
https://www.gov.uk/government/publications/civil-legal-aid-application-forms-supporting-guidance
• Claim codes & Outcome Checklist:
https://www.gov.uk/government/publications/outcome-expert-and-claiming-codes
General (applies to both)
• Category Specific Guidance (summary of LASPO, what is in scope):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/444189/scope-family-proceedings-laspo.pdf
• Gateway Guidance (Domestic Violence Evidence in Family):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672143/evidence-requirements-private-family-law-matters-guidance-version-8.pdf
• Rates/fees (including Expert Rates) – Civil remuneration regulations:
http://www.legislation.gov.uk/all?title=the%20civil%20legal%20aid%20%28remuneration%29
• LAA 2018 Contract Pages – includes Contract Standard Terms, Specification; Supervisor forms and 2018 Training on the Contract and for new providers:
https://www.gov.uk/government/publications/standard-civil-contract-2018
• Payments Information:
https://www.gov.uk/guidance/legal-aid-agency-payments-to-providers#bacs-payments
• Sign up to LAA Bulletin:
https://r1.dotmailer-pages.com/p/4P-5T3/sign-up-form
• Preventing Audit Issues and Peer Review Guidance:
https://www.gov.uk/guidance/legal-aid-agency-audits
• Further civil guidance:
https://www.gov.uk/guidance/civil-legal-aid-civil-regulations-civil-contracts-and-guidance
