The Agency has issued general advice that for cases where a full means assessment is required under the regulations, and there may be instances where certain vulnerable clients may struggle to provide documentary evidence of their means e.g. due to homelessness, emergency incidents such as the Grenfell Tower fire, or mental impairment / lack of capacity.
For many clients providing documentation may be straightforward, but for others it could be challenging or in a small number of cases, virtually impossible.
The Agency expects that in most cases some evidence will be available, even if it does not cover the full set of means information or full period for which documents are usually requested.
In such cases the provider should notify the Agency when the application is made of the reasons for evidence not being available and what steps have been taken to obtain it. In such circumstances, the case will be reviewed by a means assessor who will consider what is available based on the particular circumstances of the case.
Example Scenario
Client is involved in dispute with local authority in respect of alleged anti-social behaviour and they are seeking her removal from the property. The client suffers from acute mental health problems including depression and has been unable to produce the documentation normally expected for a legal aid application.
Provider has asked repeatedly for the documentation and can produce a log outlining their efforts. The Legal Aid Agency is able to establish that the client is in receipt of Universal Credit so they are passported on income and the circumstances of the case point to the client having little by way of capital.
The LAA is able to make a risk-based decision to grant legal aid and will review the position in three months’ time.