Legal aid not granted for appeals to deprivation of liberty authorisation under s21A

The request was successful.

Dear Legal Services Commission,

You have previously very kindly supplied me with information relating to the number of legal aid certificates you have granted for advice and representation for individuals detained under the deprivation of liberty safeguards (Mental Capacity act 2005, Schedule A1), or their families. I would now like to request information as to the number of times the LSC has refused an application for legal aid for an appeal under s21A Mental Capacity Act 2005 on the basis that they had little or no prospect of succeeding. If you are able to break this down into certificates granted to family members or to detainees themselves, I would be very grateful - although I appreciate you may not store the information in this form.

If you have any standard policy or guidance upon which these decisions are based (particularly in relation to 'prospect of succeeding' for cases brought under s21A), please could I also request copies of that guidance.

Thank you very much for your assistance.

Yours faithfully,

Lucy Series

FOI \(LSC\), Legal Services Commission

Dear Ms Series,

Thank you for your email, copied below.

This is to confirm that we are dealing with your request under the terms of the Freedom of Information Act 2000 and a response will be provided within twenty working days, i.e. no later than 28 April 2011.

Your log number is quoted in the subject heading of this email and you should quote this in any future communications with us relating to this request.

Kind regards,

CEO's Office and Governance
Legal Services Commission

show quoted sections

FOI (LSC), Legal Services Commission

1 Attachment

Dear Ms Series,

Please find attached our response to your request for information.

Kind regards,

Governance Team
Chief Executive's Office
Legal Services Commission

show quoted sections

Dear Ms Stephenson,

Thanks very much for your email, and for your suggestion of FOI requests that you would be able to assist with. Please could I take you up on your suggestion, and ask for information on how many applications we have received for funding for Licensed Work cases under section 21A of the Mental Capacity Act 2005 and the number of those applications which were granted? Thank you very much.

Yours sincerely,

Lucy Series

FOI \(LSC\), Legal Services Commission

Dear Ms Series,

Re: Your Freedom of Information Act request

Thank you for your e-mail of 28 April 2011.

In your request you have asked for the following information under the
Freedom of Information Act 2000:

"Please could I take you up on your suggestion, and ask for information on
how many applications we have received for funding for Licensed Work cases
under section 21A of the Mental Capacity Act 2005 and the number of those
applications which were granted? Thank you very much."

I write to acknowledge that we are dealing with your request under the
terms of the Act and will provide a response as soon as possible and no
later than 31 May 2011.

Please note the above reference and log number which should be quoted in
any further communication with the Commission relating to this request.

If you have any queries about this request, please do not hesitate to
contact the FOI e-mail address: [1][Legal Services Commission request email].

Kind regards,

Governance Team

Chief Executive's Office

Legal Services Commission

This e-mail (and any attachment(s)) is private and intended solely for the
use of the individual or entity to whom they are addressed. Its
unauthorised use, disclosure, storage or copying is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return e-mail.

Internet e-mail is not a secure medium, as messages can be intercepted and
read by someone else. Please bear this in mind when deciding whether to
send information by e-mail. Postal addresses for the Legal Services
Commission are available from
http://www.legalservices.gov.uk/aboutus/...

The Legal Services Commission reserves the right to monitor, record and
retain any incoming and outgoing e-mails for security reasons and for
monitoring internal compliance with the Legal Services Commission policy
on staff use. E-mail monitoring and/or blocking software may be used and
e-mail content may be read. You have a responsibility to ensure laws are
not broken when writing or forwarding e-mails and their contents. No
contracts can be entered into on our behalf by e-mail.

Any views or opinions expressed are solely those of the author and do not
necessarily represent those of the Legal Services Commission.

The Legal Services Commission checks all e-mails and attachments for known
viruses, however, you are advised that you open any attachments at your
own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[Legal Services Commission request email]

FOI (LSC), Legal Services Commission

1 Attachment

Dear Ms Series,

Please find attached the LSC's response to your request under the Freedom
of Information Act 2000.

Kind regards,

Governance Team

Chief Executive's Office

Legal Services Commission

This e-mail (and any attachment(s)) is private and intended solely for the
use of the individual or entity to whom they are addressed. Its
unauthorised use, disclosure, storage or copying is not permitted. If you
are not the intended recipient please destroy all copies and inform the
sender by return e-mail.

Internet e-mail is not a secure medium, as messages can be intercepted and
read by someone else. Please bear this in mind when deciding whether to
send information by e-mail. Postal addresses for the Legal Services
Commission are available from
http://www.legalservices.gov.uk/aboutus/...

The Legal Services Commission reserves the right to monitor, record and
retain any incoming and outgoing e-mails for security reasons and for
monitoring internal compliance with the Legal Services Commission policy
on staff use. E-mail monitoring and/or blocking software may be used and
e-mail content may be read. You have a responsibility to ensure laws are
not broken when writing or forwarding e-mails and their contents. No
contracts can be entered into on our behalf by e-mail.

Any views or opinions expressed are solely those of the author and do not
necessarily represent those of the Legal Services Commission.

The Legal Services Commission checks all e-mails and attachments for known
viruses, however, you are advised that you open any attachments at your
own risk.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Legal Services Commission,

Thanks very much for this data - much appreciated.

Yours sincerely,

Lucy Series

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org