Withdrawal of legal aid

Can anyone help? Do the Legal Services Commission inform the respondent if the Applicant's legal aid has been withdrawn.

At the last court hearing, the Judge adjourned proceedings and stated as part of the court order that the Applicant's solicitors send the 3 adverse CAFCASS reports to the LSC for further consideration of the Applicant's public funded status in the light of his desire to pursue direct contact.

CAFCASS have filed 3 reports that state it is not appropriate for the children to have any direct contact with their father as they feel it would be to the detriment of the children's emotional well-being.

The solicitor has a duty to report to the LSC when a CAFCASS makes adverse findings against their client. Once the LSC receives the report it will either agree for the funding to continue or issue a 'show cause' on the certificate which is effectively an embargo which does not permit any further work under the certificate until the embargo is lifted.

If the LSC decides to discharge the certificate the solicitor has to file a notice of discharge of public funding on the court and on the other side (you or your solicitor if you have one). That is the point at which you find out that funding is withdrawn.

Charles

His solicitors were told to do this on 6th September - as proceedings were adjourned by the Judge. The next proposed hearing is 26th October - should I know before this? If I don't hear, do I assume his legal aid is continuing? I am self representing.

His solicitors are likely to have complied with Directions. The information has to be processed by the LSC who will spend 6 weeks or so mulling it over.

If the solicitor has been told not to do any further work on the file they will not write to you unless you seek a response from the, I suggest writing to them asking if they have complied with the Directions of 6th September and ask for confirmation that their client is proceedings with his application. You should receive a response answering your queries or a short response saying that funding has been suspended.

Charles

Thank you very much for this excellent advice.