Legal Aid funding limits

Asylum applicants whose solicitors are funded by Legal Aid and who are left without legal representation after a refusal or a failed appeal

A solicitor is unlikely to apply for further funding for a client from the Legal Services Commission (LSC) unless he/she considers the case has a good chance of success.

However, it is recognised that the asylum applicant should have a right to a *second opinion and therefore,

The solicitor should give in writing to the client their reasons for not asking for further funding.

Further inform the client that the client can appeal against the refusal by the solicitor to ask for further funding.

Solicitors have an obligation to advise their clients of this procedure for appeal, but too many do not do so.

There is a procedure to appeal against the decision by a solicitor not to continue with a case.

The client should be given a form CW4 with reasons as to why the solicitor thinks the prospects of success are poor. The client then sends this to the Legal Services Commission (LSC) and the Funding Review Committee (FRC) meets and considers the decision. There are some very good solicitors and barristers on the FRC who do overturn decisions and grant funding so it is worth clients applying for a Review.

The completed CW4 should be returned to:
National Immigration Team
Legal Services Commission
29/37 Red Lion Street
London
WC1R 4PP
http://www.legalservices.gov.uk/

* The client can ask another Solicitor to look at their case and see if they think there is merit in submitting it to the LSC for funding.