LSC - WB/Winding down cases

Hi All,

Anyone have an LSC contract in Welfare Benefit which is coming to an end?

I was just wondering how others are winding down their cases, can they just be closed and the client be referred? Do we have to get permission from the LSC to close cases? Which ending codes are being used?  Will these codes affect our KPI’s, are there any sample letters which should be sent out to clients?

I have many cases waiting to be heard at Tribunal as I am sure others do too.  I have read the guidance, but it does not seem straight forward? Is it ever? Would be grateful for any comments?

Thank you.

When you mention the guidance, don’t know whether you have seen the ASA briefing?

Legal aid reform - transitional arrangements and winding down contracts

Paul Treloar - 12 February 2013 09:32 AM

When you mention the guidance, don’t know whether you have seen the ASA briefing?

Legal aid reform - transitional arrangements and winding down contracts

Hi Paul,

Yes I have read through this…but it appears to contradict itself.  Yes we can close cases, we cannot close cases without permission, the LSC allow you to close on a case by cases basis?

Am I just having a really bad day or is anyone else having difficulty understanding this process…be nice!!

Sorry Cookie, can’t help myself. If no-one here can advise, have you thought about ASA’s helpline?

They operate a telephone and e-mail consultancy service, providing help on the Quality Mark, the Legal Aid contract and other aspects of the Community Legal Service.

The consultancy telephone number is 0845 241 2588
   
The consultancy service is available to ASA members and subscribers and is open 1.00 pm - 4.00 pm, Monday to Friday.

Breifing States

27. The LSC has stated that, as far as they are concerned, the contractual position is clear and cases can only be closed and claimed when the circumstances of Clause 3.82 of the Specification are met. 4

4 Clause 3.82 2010 Standard Civil Contract – Specification states: This would preclude agencies from closing and claiming cases until after a tribunal hearing.

You may make a Claim for a Controlled Work matter when any of the following events occurs:

(a) the Client decides not to proceed, or indicates that they wish to take the matter forward themselves;
(b) the Client fails to give instructions for three months (unless the matter is on hold, for example, because you are waiting for a third party to act or you have agreed this with the Client);
(c) funding is granted under Section C of the Funding Code procedures (unless further Legal Help is required on matters not covered by the Certificate) or the matter begins to be funded outside this Contract;
(d) you consider that the matter (having regard to Paragraphs 3.40 to 3.60 and any Category Specific Rules on commencing Matter Starts) is completed;
(e) you have informed the Client that the provision of Controlled Work is no longer justified having regard to the applicable Funding Code Criteria;
(f) you can no longer act through a conflict of interest or other reason of professional conduct.

This does appear contradictory.

However work would be completed in most cases once client interviewed, advised, evidenced gathered, and case presented with written submission and post appeal advice. Cases could arguably then be closed under WCWF endpoints. This might not be possible in cases in more complex or upper tribunal cases in which case further provision wil have to be made.

Paul Treloar - 12 February 2013 12:44 PM

Sorry Cookie, can’t help myself. If no-one here can advise, have you thought about ASA’s helpline?

They operate a telephone and e-mail consultancy service, providing help on the Quality Mark, the Legal Aid contract and other aspects of the Community Legal Service.

The consultancy telephone number is 0845 241 2588
   
The consultancy service is available to ASA members and subscribers and is open 1.00 pm - 4.00 pm, Monday to Friday.

Thanks Paul,

I know I may sound off the planet, however I took over the contract form someone else and was just left to sink or swim…I was not aware of such services.  But I am now thank you.

ikbikb - 12 February 2013 01:41 PM

Breifing States

27. The LSC has stated that, as far as they are concerned, the contractual position is clear and cases can only be closed and claimed when the circumstances of Clause 3.82 of the Specification are met. 4

4 Clause 3.82 2010 Standard Civil Contract – Specification states: This would preclude agencies from closing and claiming cases until after a tribunal hearing.

You may make a Claim for a Controlled Work matter when any of the following events occurs:

(a) the Client decides not to proceed, or indicates that they wish to take the matter forward themselves;
(b) the Client fails to give instructions for three months (unless the matter is on hold, for example, because you are waiting for a third party to act or you have agreed this with the Client);
(c) funding is granted under Section C of the Funding Code procedures (unless further Legal Help is required on matters not covered by the Certificate) or the matter begins to be funded outside this Contract;
(d) you consider that the matter (having regard to Paragraphs 3.40 to 3.60 and any Category Specific Rules on commencing Matter Starts) is completed;
(e) you have informed the Client that the provision of Controlled Work is no longer justified having regard to the applicable Funding Code Criteria;
(f) you can no longer act through a conflict of interest or other reason of professional conduct.

This does appear contradictory.

However work would be completed in most cases once client interviewed, advised, evidenced gathered, and case presented with written submission and post appeal advice. Cases could arguably then be closed under WCWF endpoints. This might not be possible in cases in more complex or upper tribunal cases in which case further provision wil have to be made.

Hi,

Thank you for your feedback.

The problem we have is I am the only caseworker on the contract and my contract comes to an end at the end of March.  I am the only one who can close cases, of which there are many (75 cases)

I do not have the time to write a submission etc, etc, ect (not for every case). I was also advised at a training course that we cannot close a case which is at tribunal until we have an outcome, for example successful/unsuccessful? 

Are there any other people in this predicament?

Your employer who ever that is cannot sign a client up on the 31.03.13 and then seek to close his case on 01.04.13 or not have trained staff to do this. The LSC have asked organisations what provisions are being put in place, so they should have something planned. If they have not you may need to seek advice your self if you think you are being unfairly dismissed.

ikbikb - 12 February 2013 04:45 PM

Your employer who ever that is cannot sign a client up on the 31.03.13 and then seek to close his case on 01.04.13 or not have trained staff to do this. The LSC have asked organisations what provisions are being put in place, so they should have something planned. If they have not you may need to seek advice your self if you think you are being unfairly dismissed.

Thank you.

I am not taking on anymore clients.  I am concerned around the closing of all cases and how we can do this within the Standard Civil Contract. 

I was thinking of writing a standard letter to all our clients informing them that the LSC Contract will come to an end and therefore we will need to close their case. However, that the organisation can still see them and continue their case under other funding.  Obviously, I would also offer the client a one off interview to discuss any concerns they have.

Then close the case under end point WW, however, I am worried about how using this ending point would affect our KPI’s.