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Civil contingency

A dedicated space for contingency measures for civil applications and amendments and a summary of the new powers available to providers effective from Friday 27th June 2025.

These new powers can be used in conjunction with the new level of contingency for civil legal aid applications/amendments known as Business Continuity Plus which also comes into effect from Friday 27th June 2025.

Summary of new measures (Back to top)

  • Extending emergency representation time limits to 16 weeks and setting default costs limitation at £4,500;  
  • Delegating the ability for providers to amend substantive certificates, in specific circumstances. To include changes to the level of service, proceedings, scope and costs up to a maximum of £7,900;  
  • Delegating the ability for providers to withdraw determinations in specific circumstances;  
  • Suspending contribution payments for existing and new cases.

Delegated Functions on Initial Applications (Back to top)

Providers can use delegated functions to grant themselves emergency funding if they have any work to undertake (which falls within the scope of Legal Aid regulations and authorisation) and any subsequent work under the time limit of the emergency certificate. Emergency representation granted under Delegated Functions will contain a 16-week time limit and have a £4,500 cost limitation. These limitations will be applied to emergency certificates when issued by LAA after system access is restored on any pending and new cases. There is no need for providers to submit Delegated Functions applications to the LAA under contingency. A table of Delegated Authorities can be found here.

The LAA will honour all uses of Delegated Functions on the basis that this is subject to compliance with the Contract, Regulation and Authorisation. If it is determined that the merits criteria are not met at the point the LAA assesses the application, an embargo and/or discharge of the emergency certificate will take place from that date. Providers will be able to claim for work up to that date. 

In circumstances where the proceedings are deemed ultra vires, then the LAA will not honour delegated functions.  

The changes to delegated functions apply to all new initial applications, including those where delegated functions have previously been exercised but a substantive certificate has not yet been issued by the LAA. These changes do not apply to matters involving emergency representation, where delegated functions are not permitted. In such cases, the decision will remain at the discretion of the LAA.

Providers will need to submit a CIV APP6 to the LAA where you wish the LAA to make a determination to grant emergency representation. The expectation is that providers will use their delegated functions where they have that facility and only use the CIV APP6 in circumstances where they are unable to use their delegated functions.

The exclusions to use of delegated functions are:

  • Judicial Review (apart from the exceptions to the Table of Delegated Authorities)
  • Exceptional Case Funding
  • Determination is dependent on the case having Significant Wider Public Interest

Providers can exercise delegated functions on condition or limitation only where:

  • Providers had the power to grant emergency representation in the first place
  • The amendment being limited to work or a stage of the proceedings satisfying the interests of justice test for emergency representation

Please note that you can not amend the time limit to which the certificate is subject or authorise to increase the cost limitation beyond £4,500 excluding VAT unless justification of exceptional circumstances is provided to the LAA.

Support for Providers using Delegated Functions (Back to top)

To support providers using delegated functions to grant emergency funding, the LAA has developed two services:  

  • Where a provider is concerned that the evidence of domestic abuse or child protection they hold may not be accepted by the LAA to bring proceedings within scope of certain private law family matters, they can have it checked by emailing GatewayEvidenceCheck@justice.gov.uk. You should provide the clients name, opponents name, and proceedings to be applied for and your client’s involvement. The LAA will consider the evidence and advise you if it is acceptable. You should attach our email to your application when you are able to submit it via CCMS. We will provide an explanation if the evidence is not acceptable. We will aim to respond to these emails within 48 hours. 

Please note this is only to check evidence of domestic abuse or child protection and is not a service to check whether the relevant merits tests are met. 

  • Providers who have complex queries in relation to a client’s financial eligibility assessment, can seek assistance from a dedicated team of caseworkers before granting emergency representation under delegated functions. Queries should be sent to ContactMeansExpert@justice.gov.uk . We will aim to respond to these emails within 48 hours.

There are recordings available on Legal Aid Learning to assist when making applications for self-employed clients and clients who are company directors and shareholders: 

Civil Means Assessments of Self-Employed Clients – Legal Aid Learning 

Civil Means Company Directors and Shareholders – Legal Aid Learning

Categories and Proceedings when Delegated Functions can be used (Back to top)

Please find below a table of categories and proceedings when delegated functions can be used within civil legal aid applications.

Categories, Proceedings and Delegated Functions
(PDF, 214 KB)

Special Children Act (SCA) (Back to top)

Providers are authorised to sign off on applications and carry on work in non-means and non-merits tested cases. Once system access is restored, applications can be submitted, and certificates will be backdated to the initial date work began.

  • Providers will note their records when they have granted themselves funding for Special Children Act cases
  • Providers will not submit their application for Special Children Act cases until access is restored

Please note to be in scope the proceedings need to fall under the definition of a Special Children Act case, and the parties need to be either the:

  • Child in the proceedings
  • Biological Parent
  • Party with Parental Responsibility for the child in the proceedings

Amending Substantive Coverage (Back to top)

Where the LAA has made the substantive determination, providers can now subject to exclusions below amend new and existing cases under delegated functions where they have a contract authorisation, (please also refer to the link above of table of Delegated Authorities). Delegated functions will apply to, level of service, proceedings and scope limitations subject to exclusions below. Costs limitations can be increased to maximum of £7,900.

Providers will keep a record of amendment under delegated functions. The amendment will need to be submitted to LAA via CCMS once system access has been restored. Providers will need to add relevant proceeding/scope/costs to CCMS when sending the amendment. In the statement of case section providers must confirm the date an amendment was made under delegated functions. The LAA will approve amendments granted by providers, not applying a separate assessment to the merits. Providers will just need to demonstrate work is within scope under Part 1 Schedule 1 of LASPO 2012 and is within the terms of the delegated authority.

Important Criteria/Exclusions

The provider can amend a condition or limitation on a substantive certificate only where:

  • The LAA made the original decision to grant legal aid
  • The case is not a judicial review (apart from the exceptions to the Table of Delegated Authorities)
  • The funding isn’t for Exceptional Case Funding
  • Determination is dependent on the case having Significant Wider Public Interest
  • The determination being limited to the most appropriate work or a stage of the proceedings
  • The determination not extending to an application to the Court of Appeal or any onward proceedings beyond this stage
  • The determination being subject to a cost limitation not exceeding £7,900 excluding VAT

Where the case does not fall into one of the following categories:

  • Claims Against Public Authorities
  • Immigration and Asylum
  • Clinical Negligence
  • Discrimination
  • Civil legal services described as Associated Civil Work provided under the Standard Crime Contract

Amending Emergency Coverage (Back to top)

Providers already have the power to re-exercise their delegated functions. During this contingency period, these powers will remain in place whilst the emergency certificate is valid. Providers will record the re-exercising their delegated functions in accordance with the original exercising of their delegated functions.

The LAA will honour all uses of Delegated Functions on the basis that this is subject to compliance with the Contract, Regulation and Authorisation. If it is determined that the merits criteria are not met at the point the LAA assesses the application, an embargo and/or discharge of the emergency certificate will take place from that date. Providers will be able to claim for work up to that date.

The provider can amend a condition of limitation for emergency representation only where:

  • They had the power to grant emergency representation in the first place.
  • The amendment being limited to work or a stage of the proceedings satisfying the interests of justice test for emergency representation.

Please note, that providers are:

  • Unable to extend the length of the emergency coverage beyond the 16-weeks. Once the 16-week period has expired a substantive application will need to be submitted to the LAA.
  • Not being authorised to increase cost limitation beyond £4,500 excluding VAT unless justification of exceptional circumstances is provided to the LAA.

Withdrawals (Back to top)

Under the new arrangements until further notice providers will be able to withdraw funding in the following circumstances:

  • The services made available by the determination have been provided 
  • The proceedings to which the determination relates have been concluded 
  • The individual consents 
  • The individual has died 

In the above circumstance providers will need to make a file note that funding has been withdrawn, and update CCMS when access is restored. 

For all other withdrawal reasons provider should submit the CIV APP11 form with all relevant information provided. These should be emailed to contactcivil@justice.gov.uk.. If the categories of cases is undertaken by ECCT, then the APP will be emailed to ContactECC@justice.gov.uk. Include the word ‘Withdrawal’ in the email subject line for identification. We will be in contact with any discharge or show cause issued on the certificate. 

Outcomes will need to be submitted via CCMS once system access has been restored to enable the submission of your claim for costs. 

Additional guidance on withdrawals where the client has died can be found under the Lord Chancellor’s guidance under section 4 at paragraph 8.38.

Exclusions

In contentious cases (e.g., ineligibility, fraud) — the decision to withdraw will remain with the LAA.

Contributions (Back to top)

Contribution payments will be suspended for any applications received on or after the 27 June 2025 until further notice. Payments will become payable once a further Statutory Instrument is laid that reverses this. The LAA will still complete assessments on new cases but not request contributions whilst the suspension is in place. 

These changes also apply to any cases received before 27th June 2025. Please inform clients making monthly contributions to stop making payments in respect of any which are due on or after 27th June 2025. Payments will be reinstated when these changes are reversed at a later date.

Please note, the provisions in the Statutory Instrument prevent clients who have made contributions on an existing case from seeking its withdrawal and reapplying for funding in the same matter to which the initial civil legal services have been provided.

Contributions Summary

  • Contribution payments will be suspended for any applications received on or after the 27 June 2025 until further notice.
  • We will complete means assessments on new cases but not request contributions whilst the suspension is in place. 
  • These changes also apply to any cases received before 27th June 2025.
  • Clients making monthly contributions will be advised to stop making payments in respect of any which are due on or after 27th June 2025.
  • Payments will be reinstated when these changes are reversed later, when a new Statutory Instrument is introduced.

Reassessments (Back to top)

Reassessment requests will only be accepted where a provider believes that a client is now out of scope to receive legal aid or where there is evidence that the client has failed to make a material disclosure when applying for legal aid. Your client may also be asked to provide fresh means forms where the LAA has received representations from a third party which cast significant doubt on the client’s ongoing eligibility for legal aid. Include the word ‘Reassessment’ in the email subject line for identification.

There is no need to submit a reassessment of the client’s means if their financial circumstances have changes, unless:

  1. You believe the client is now out of scope
  2. Failed to disclose material information, which would have put them out of scope.

In circumstances where you are unsure if your client still remains financially eligible, please submit a query via email to contactcivil@justice.gov.uk for us to advise if a reassessment is required.

If there has been a change in the client’s financial circumstances during this period, then we will need to be notified of the change of circumstances when the Online Portal is available.

Please note that these measures will remain in place throughout the duration of the emergency legislation. They will be reversed, at a later date once LAA system access has been restored.

Submitting requests to the LAA (Back to top)

The following section will provide information about submitting civil applications/amendment under Business Continuity Plus including:

  • Summary of Application Forms
  • Summary of Means Forms
  • How to submit a application
  • Submitting a Query to the LAA
  • When to Contact CST
  • Using Secure File Exchange

Summary of Application Forms (Back to top)

CIV APP1  

The CIV APP1 form is used to apply for civil legal aid in non-family legal cases in England and Wales. Please use this form to cover the following matter types: 

  • Clinical Negligence
  • Community Care 
  • Housing
  • Debt
  • Public Law
  • Immigration and Asylum
  • Education
  • Welfare Benefits
  • Mental Health
  • Discrimination
  • Claims Against Public Authorities
  • Crime/Civil (Judicial Review or Habeas Corpus arising out of a criminal matter or proceedings under POCA 2002).

When submitting this form, please ensure that this is signed and dated by both provider and client. Failure to do so will result in the form being rejected. 

CIV APP3  

The CIV APP3 form is used to apply for civil legal aid in family legal cases in England and Wales. Please use this form for the following matter types:  

  • Divorce, Judicial Separation, Dissolution of Civil Partnership, Nullity
  • Injunction and Committal
  • Financial and Property
  • Merits Tested S31 Proceedings
  • Actions involving children including child abduction
  • Merits tested public law children cases.

When submitting this form, please ensure that this is signed and dated by both provider and client. Failure to do so will result in the form being rejected. 

CIV APP6 

The CIVAPP6 form is used in England and Wales for making an emergency application for civil legal aid.  

The CIVAPP6 should be used in the following instances:

  • It is used only in emergencies where immediate legal aid is needed 
  • It should not be used if emergency funding can be granted using Delegated Functions
  • It is not applicable for Exceptional Case Funding applications.

When submitting this form, please ensure that this is signed and dated by the provider. Failure to do so will result in the form being rejected.

CIV APP8 

The CIV APP8 form is used to apply for an amendment or prior authority in civil legal aid cases in England and Wales. It is a document that allows providers to request amendments to an existing legal aid certificate or to seek approval for specific actions or costs before they are incurred. 

The CIV APP8 is used for all matter types.  

When submitting this form, please ensure that this is signed and dated by the provider. Failure to do so will result in the form being rejected.

CIV APP8A 

The CIVAPP8A form is used in civil legal aid cases in England and Wales to apply for prior authority or a change to a cost limitation, particularly in relation to expert evidence or unusually high costs. 

This form is specifically designed for situations where: 

  • You are seeking prior authority for expert costs that are either: 
  1. Not covered by codified rates, or 
  2. Unusually large in volume (e.g. number of hours or experts involved) 
  • You need to change the cost limitation on an existing certificate. 
  • The case involves joint instruction of experts, and you are the lead solicitor responsible for apportioning costs among parties.  

When submitting this form, please ensure that this is signed and dated by the provider. Failure to do so will result in the form being rejected.

Please note the APP8A should be used for Prior Authority and a cost increase which is a result of the Prior Authority.

When you seek a scope amendment and a Prior Authority, please complete the APP8 for the scope increase and separate APP8A for the Prior Authority.

The reason why is that both requests are dealt by separate contingency processes, scope requests full under Business Continuity Plus, while Prior Authority have then own contingency process.

CIV APP11 

The CIVAPP11 form is used to request the withdrawal of a civil legal aid certificate in England and Wales.

Please see Withdrawals when this should be used as providers now have powers to withdraw determinations themselves. 

When submitting this form, please ensure that this is signed and dated by the provider. Failure to do so will result in the form being rejected. 

If required, please upload documentation which sets out the reasons for your request to discharge (for example, counsels opinion, expert report).

Please note that all forms must be signed and dated by all the relevant parties. Failure to sign and date the form, means the application form will be returned to those sections to be completed.

When completing this form, please ensure that you complete all sections which are relevant to the proceedings you require.

Please ensure that you confirm what documents you are uploading in support of the form.  

Summary of Means Forms (Back to top)

Please note if your client is a child and aged 18 or under, then you don’t submit a means form as part of Business Continuity Plus, you only need to submit the relevant application form, as children are deemed to be a non-means case. 

There are 2 main types of means forms, which will cover the majority of means assessments you need to submit under Business Continuity Plus, these are:

The CIV Means 1 is used when the client is not in receipt of a passported benefit.

The CIV Means 2 is used when the client is in receipt of a passported benefit.

Client in Prison

  • If the client is currently in prison you will need to complete a CIV Means1P in addition to the CIV Means1.

Self-employed, Partnership and Company Directors

In addition to a Means1 if the client is Self-employed, Partnership and Company Directors, you will need to submit additional forms.

  • If the client is a self-employed sole-trader, you will need to submit a CIV Means1A.
  • If the client is trading as a self-employed partnership you will need to submit a CIV Means1B. 
  • If the client is a company director, you will also need to submit a CIV Means1C in addition to the CIV Means1. 
  • If the client is in receipt of a passported benefit and is involved Self-employed, Partnership and Company Directors, then you will need to submit a CIV Means2A in addition to the Means2.
  • In circumstances where the client is in business partnership or self-employed work you will also need to submit an L31 form.

Client lives aboard

  • If your client is residing outside of the UK, then you will need to submit a CIV Means3.

Please note that all forms must be signed and dated by the client and their partner (if applicable). Failure to sign and date the form, means the form will be returned to those sections to be completed.

When completing this form, please ensure that you complete all sections which are relevant to the proceedings you require.

Please ensure that you confirm what documents you are uploading in support of the form.

How to submit an application/amendment to the LAA (Back to top)

Providers from Friday 27th June will be able to submit the civil application forms and civil means-testing forms with supporting documents which are relevant to the merits of the case and the client’s financial means assessment direct to ContactCivil@justice.gov.uk. 

To ensure the email is assigned to the correct team as quick as possible please ensure the subject line is titled ‘LAA BC Plus – Type of Application form – Type of Means Form (if applicable) – client’s name – firm name’

Emergency Applications (Back to top)

CIV APP6 should be used when there is no time to make a full application and delegated functions cannot be used. To support the assessment, include: 

  • Statement of case 
  • Pre action correspondence 
  • Counsels opinion if obtained/relevant 
  • Any documents relevant to the application such as court orders, applications to court, opponents statement etc 
  • The relevant means form and supporting documents (unless the client is a child) 
  • Evidence of domestic abuse or child protection (private law family matters only)

Substantive Applications (Back to top)

Where a provider cannot delegate functions, the provider should use a CIV APP1 for legal representation in non-family proceedings or a CIV APP3 for family help (higher) and legal representation in family proceedings. These forms need to be accompanied with the relevant civil Means assessment forms (please note no means form is required where the applicant is a child). To support the assessment, include: 

  • Statement of case in support of application 
  • Valid LASPO evidence to bring the new proceedings into scope (if applicable) 
  • Pre action correspondence (if applicant/Claimant) 
  • Counsels opinion if obtained/relevant 
  • Any other documents relevant to the application such as court orders, applications to court, opponents statement etc.

Please note where the Domestic Violence Waiver applies the client will only qualify for the protective injunction proceedings, any other proceedings applied for when the client is out of scope financially will be ultra vires.

CCMS applications: merits – Legal Aid Learning

‘Right first time’ tips – Legal Aid Learning

Means Assessments (Back to top)

If your client is on a passported benefit they will need to complete the CIV Means 2 form ensuring all sections are completed and the form is signed and dated.

Any evidence required to support the assessment should also be attached to avoid delays in requests for further information.

  • Please note if your client is in receipt of a passporting benefit but also self-employed or in a business partnership, they must also complete form CIV Means 2A. Wherever possible, passported applications should also be submitted with a screenshot or download of the client’s latest monthly Universal Credit notification (the latter is not essential, but will speed up the passporting process if it is provided). 
  • If your client is not on a passported benefit they will need to complete the CIV Means 1 form ensuring all sections are completed and the form is signed and dated. Any evidence required to support the assessment should also be attached to avoid delays in requests for further information, i.e. wage slips, bank statements.   
  • If your client is self-employed, they will also be required to submit a CIV Means 1A, if the client is trading in a self-employed partnership they will also need to complete the CIV Means 1B or the CIV Means 1C if they are a company director or shareholder in a limited company to accompany the CIV Means 1. 
  • If the client is a child there is no requirement to submit a Means form.

‘Trapped’ capital – practicalities and case studies – Legal Aid Learning

Civil Means Assessments of Self-Employed Clients – Legal Aid Learning

Civil Means Company Directors and Shareholders – Legal Aid Learning 

Means assessment frequently asked questions – Legal Aid Learning

Financial assessment forms checklist, civil representation

‘Right first time’ tips – Legal Aid Learning

Submitting a Query/Means Review/Appeal to the LAA (Back to top)

Queries 

For all queries that would previously have been submitted as a Case Enquiry, please email contactcivil@justice.gov.uk. Include the word ‘Query’ in the email subject line for identification. For case-specific queries, include the following details to assist the caseworker:

  • Certificate reference number / Contingency number 
  • Relevant case details and supporting evidence (if applicable)

Means Reviews 

If you want a review of an assessment that has already been completed on CCMS you will need to provide a copy of the application plus the associated documentation that was originally uploaded onto the system emailed to contactcivil@justice.gov.uk. Please ensure the subject line of the email is titled LAA BC+ – Means Review – client’s name – firm name.

Appeals 

If you wish to request a review of a decision made by the LAA under this process, please submit your appeal via email to contactcivil@justice.gov.uk within 14 days of the decision being communicated. Please ensure the subject line of the email is titled LAA BC+ – Appeal – client’s name – firm name.

Your submission should contain: 

  • A full statement of appeal 
  • Any supporting documentation 
  • Relevant client details 
  • The decision you are requesting to be reviewed 

You will receive a response once the review is complete. If the original decision is upheld, we will inform you of any further right of appeal to an independent funding adjudicator. 

Where a provider withdraws a determination and the client seeks a review, the same process will apply.

Please note that when submitting a query/means review/appeal if the matter relates to an ECCT case then please email ContactECC@justice.gov.uk.

When to contact the Customer Services Team (CST) (Back to top)

The Customer Service Team can be contacted on 0300 200 2020. For non-urgent requests please email your query to contactcivil@justice.gov.uk in the first instance.

If the matter is urgent within the next 48 hours then please contact CST, unless you have exercised delegated functions.

When calling please have the following details to hand, so the call handler can locate the case on the Business Continuity Plus database:

  • Name of Client
  • Date of Birth of Client
  • Address of Client

Please note that there will be a time delay between you submitting your application/amendment via contactcivil@justice.gov.uk and the case appearing on the database. The call handler will only be view the progress on the application/amendment submitted via Business Continuity Plus, once the case is on the database.

Please note the Customer Services Team do not have access to CCMS so are unable to access any records related to cases on CCMS.

Using Secure File Exchange (Back to top)

For large bundles of documents that cannot be sent via email please contact SFESupport@justice.gov.uk to register for access to Secure File Exchange.

If you have previously used Secure File Exchange to submit documents to the LAA, you will still need to contact SFESupport@justice.gov.uk to request access to this specific workspace of Civil Applications following this guidance on the use of Secure File Exchange found on Legal Aid Learning.

Contingency Measures for ECCT, High-Cost Family and Prior Authority (Back to top)

For all matters involving exceptional and complex cases, please view the ECCT submission guidance for further information on how to submit work.

For all High-Cost Family related work please view the High Cost Family (HCF) Contingency Processes for further information on how to submit work. Please use the High Cost Family submission cover sheet to support your submissions.

Civil Prior Authority requests where the provider cannot justify the expense of expert assessment, testing, etc on assessment can be submitted to the LAA using the CIV APP8A form submitted directly to CivilPriorAuthorityRequests@Justice.gov.uk without the need for a contingency reference number.

Please ensure you detail that you have a current live certificate on CCMS or that you have delegated functions to grant emergency funding in this matter. This section only applies to the civil prior authority request for any other amendment request please follow the incident webpage linked above.

Gateway Evidence Check Q&A (Back to top)

What is this email address for?

During the current contingency process we have advised providers to use their delegated functions to cover urgent work where possible. For certain private law matters evidence of domestic abuse or child protection is needed to bring the proceeding within scope of legal aid. Given these types of evidence are prescribed by regulation to meet certain criteria, we sometimes cannot honour the use of delegated functions where those criteria are not met. To mitigate this we are offering this email service so providers can check with the LAA whether evidence would be considered valid to bring the matter into scope before delegated functions are used.

Do I need to check every piece of gateway evidence prior to delegating functions?

There is no need to email every piece of evidence to the LAA using this service prior to delegating functions. This service is only intended to be available where the provider is concerned that the evidence may not be accepted by the LAA.

Most evidence received is straightforward such as protective injunctions, evidence of conviction or findings of fact. Likewise, evidence where a 3rd party has used the full templates and not removed any fundamental wording are not considered to need checking.

Only those pieces of evidence where the matter is considered to be borderline should be sent. The LAA only have limited capacity for this service so excessive use for straightforward evidence will not be allowed.

How will the process work?

The provider needs to email gatewayevidencecheck@justice.gov.uk with the gateway evidence.

They should also provide:

  • Clients name
  • Opponents name
  • Proceedings to be applied for and involvement type

The LAA will look at the evidence and respond to advise if the evidence is acceptable. If we state it is acceptable then please provide the email we have sent confirming this when you submit the application to the LAA.

If we advise the evidence is not acceptable we will give reasons why not.

Is there a right of appeal?

As this is not a determination being made there is no right of review. Providers can still rely on the evidence in their application if they so choose.

Regulations/Guidance:

General:

Means:

Merits:

Prior Authority:

High-Cost Family:

ECCT: