Reconsideration and Review
Reconsideration
Section 29 Legal Services Act 2000 (the Act) provides that an aided person or an applicant for legal aid has the right to request a reconsideration of any decision that has been made by the Agency.
The request will be considered by a different Grants Officer to the one who made the initial decision. The Grants Officer responsible for the reconsideration may take into account any new or additional information supplied by the person applying for the reconsideration. The result of the reconsideration will be sent to both the lead provider and applicant/aided person. The Agency may seek advice from a specialist adviser as part of the reconsideration process.
The Agency may decline to reconsider a decision if it has already reconsidered that decision or a decision relating to substantially the same issue.
There is no time frame for applying for a reconsideration.
You can find Form 11 Application for Reconsideration here.
Review - Legal Aid Review Panel
Part 3 of the Act established the Legal Aid Review Panel. The Panel is independent of the Agency. It comprises a Convenor who assigns a team of from one to three members to form a panel to review the decision of the Agency. Every Review Panel assigned must include one lawyer.
Section 54 provides that an aided person or an applicant for legal aid may apply to the Panel for a review of an Agency decision on the grounds that the Agency’s decision is “manifestly unreasonable” or “wrong in law”. A listed provider may seek a review on a remuneration decision on the same grounds.
Under Section 56(3)(a) of the Act, the Panel may require the Agency to provide all information relating to the decision and any reconsideration.
Applications to the Panel must be made within 20 working days, however the Convenor of the Panel may on application allow an extension in time.
To find out more about the Legal Aid Review Panel and to view its decisions database, click here
