Major judgment on Legal Aid Agency exceptional funding scheme handed down today
In a judgment handed down this morning the Court of Appeal considered six cases in which the High Court had ruled that the Director of Legal Aid Casework had acted unlawfully in refusing applications for “exceptional” legal aid.
PLP acted for ‘IS’ who is blind, has profound cognitive impairment and is unable to care for himself. IS lacks litigation capacity and is represented through the Official Solicitor. IS has lived in the UK for at least thirteen years. Exceptional legal aid had been sought to enable IS to apply to the Home Office to regularise his immigration position and thereby qualify for mainstream community care and health services. The Director of Legal Aid Casework had repeatedly refused his application by reference to the Lord Chancellor’s guidance and eventually the Official Solicitor had instructed PLP to apply for judicial review of that refusal. Full press release below.
Author: Jo Hickman
Publication date: December 15 2014