What are delegated functions? (Back to top)
Delegated functions allow authorised civil legal aid providers to grant emergency funding themselves where urgent work is required, without waiting for a Legal Aid Agency (LAA) decision.
Providers should use delegated functions where urgent work is required and where it is appropriate and lawful to do so under the contract and the applicable table of delegated authorities.
Delegated functions should not be used where an exclusion applies or where the provider cannot be satisfied as to scope, eligibility, or merits.
When the Legal Aid Agency will honour delegated functions (Back to top)
The Legal Aid Agency will honour the use of delegated functions where they have been exercised correctly and in line with contract and regulatory requirements.
Where a provider has exercised delegated functions for urgent work and, at the point of delegation, has:
- ensured the work was within the scope of civil legal aid
- confirmed they were authorised to use delegated functions for the relevant category and proceedings
- satisfied themselves that the client met the means and merits criteria
- relied on appropriate and prescribed evidence
- stayed within the applicable time and cost limits
The LAA will consider the substantive application or amendment in line with its normal assessment processes.
This applies whether the application and any associated amendment are submitted as part of a single‑stage process or as separate submissions.
The use of delegated functions does not guarantee that substantive funding will be granted. All applications and amendments remain subject to full assessment by the LAA.
If, on assessment, the LAA finds that delegated functions were not used correctly, the outcome will depend on the nature of the issue identified:
- Where the work was out of scope or the provider was not authorised to exercise delegated functions, the LAA will not honour the use of delegated functions and the application will be refused. In these circumstances, payment cannot be claimed for the work undertaken.
- Where the issue relates to merits or other eligibility criteria, the emergency certificate may be limited or discharged in line with the assessment outcome.
- Where the LAA limits or discharges an emergency application or certificate, providers may claim for work undertaken that falls within the scope of the emergency certificate granted.
Providers can be confident that where delegated functions are exercised correctly and lawfully, the LAA will take this into account when assessing the subsequent application or amendment.
Before using delegated functions (Back to top)
Before exercising delegated functions, you must be satisfied that all of the following apply.
The work is in scope
The proceedings and urgent work fall within the scope of civil legal aid.
You are authorised to delegate
You hold delegated functions for the relevant category and proceedings, and no exclusions apply (for example, Judicial Review or certain Exceptional Case Funding matters).
Emergency representation is justified
Urgent action is required and granting emergency funding meets the interests of justice test.
The client is financially eligible
You have completed the client’s means assessment and obtained the required evidence.
If eligibility is complex or unclear, you should consider whether the circumstances fall within paragraph 5.7 of the Standard Civil Contract (see below). Where they do, you must refer the means assessment to the LAA and must not exercise delegated functions.
The merits criteria are met
You are satisfied that the case meets the merits test at the point emergency funding is granted.
Required evidence is in place
Where domestic abuse or child protection evidence is required, you must ensure it meets the prescribed requirements.
If evidence is borderline or unclear, you should use the Gateway Evidence Check service before exercising delegated functions.
Time and cost limits can be met
Emergency representation is subject to:
- a 16‑week time limit, and
- a £4,500 cost limit (excluding VAT).
Any decision to grant emergency funding above the cost limit must be justified and clearly recorded.
Your decision is recorded
You must keep a clear record of:
- when delegated functions were exercised, and
- the work covered by the emergency funding, to support later submissions to the LAA.
Emergency applications where delegated functions cannot be used (Back to top)
In most urgent cases, providers should use their delegated functions to grant emergency funding.
You should only make an emergency application to the LAA where urgent work is required but you cannot lawfully or safely exercise delegated functions.
When this may apply
This will be exceptional and will usually be limited to means‑related circumstances.
For financial eligibility, paragraph 5.7 of the Standard Civil Contract requires providers to refer the assessment of a client’s financial means to the LAA where the provider is aware of any of the following circumstances:
- (a) the client is based overseas;
- (b) the client is self‑employed, a partner in a business, a company director or a shareholder in a private or limited company;
- (c) the client has negative disposable income;
- (d) there is suspected fraud;
- (e) the case involves personal insolvency or assets held under a freezing order;
- (f) there is an interest under a will or trust fund;
- (g) the client has access to a third party’s assets, assets that have been sold or transferred, or assets held overseas;
- (h) there is an apparent aura of wealth;
- (i) the client has previously provided false information;
- (j) the client has had a previous determination revoked or withdrawn due to non‑co‑operation with a means enquiry; or
- (k) the client’s means are subject to an ongoing investigation.
Where any of the above circumstances apply, providers must refer the means assessment to the LAA and must not exercise delegated functions.
Delegated functions should not be avoided due to uncertainty alone. Where the paragraph 5.7 criteria do not apply, providers are expected to use the available LAA support routes before deciding not to delegate.
What happens in these cases
Where delegated functions cannot be used:
- you must submit an emergency application to the LAA, explaining why delegated functions could not be exercised, and
- the application must still meet the urgency and interests of justice test.
Emergency applications without delegated functions are intended to cover immediate, time‑critical work only.
If you submit an emergency application without a valid reason for not using delegated functions, the LAA may refuse the application.
Support available (Back to top)
The LAA offers dedicated support to help providers use delegated functions correctly.
Gateway Evidence Check
For checking whether domestic abuse or child protection evidence is acceptable GatewayEvidenceCheck@justice.gov.uk.
Means assessment support
For help with complex or unclear financial eligibility assessments ContactMeansExpert@justice.gov.uk.
Backdating of coverage (Back to top)
Where delegated functions are not exercised
When a standard application or amendment is submitted, the LAA will normally backdate coverage to the date the application or amendment is received, if funding is granted.
Backdating is subject to the LAA being satisfied that:
- the application or amendment was properly made, and
- the eligibility requirements are met.
Where information is missing or further evidence is required, coverage may be backdated to the date the required information is provided.
The availability of backdating does not remove the expectation that providers use delegated functions for urgent work where they are able to do so.
Where delegated functions are available but not used, the LAA will not normally expedite consideration of the substantive application.
Backdating of amendments (Back to top)
Where a substantive certificate is already in place and an amendment is submitted, the LAA will normally backdate coverage to the date the amendment is received, if the amendment is granted.
Amendments are subject to full assessment and may be refused.
Where urgent work is undertaken before a decision is made, and delegated functions were not used, that work is undertaken at the provider’s financial risk.
Where an amendment relates to urgent work and a decision is required to proceed, providers may contact Customer Services to request an update, if a decision is required within 48 hours of the hearing/deadline.