Written question asked by Stephen O'Brien (Conservative) on Wednesday, 6 December 2000, in the House of Commons. It was due for an answer on Wednesday, 13 December 2000. It was answered by David Lock (Labour) on Wednesday, 13 December 2000 on behalf of the Lord Chancellor's Department.

Lord Chancellors Dept

Question: To ask the Parliamentary Secretary, Lord Chancellor's Department, if he will make a statement on the procedures for challenging abuse of public funds through the maladministration of legal aid.

Answer: Mr. Stephen O'Brien: To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the procedures for challenging abuse of public funds through the maladministration of legal aid. [141641] Mr. Lock: If a litigant believes that their opponent should not have been granted public funding, they can make representations to the Legal Services Commission. If the Commission agrees that, in the light of new information, the case no longer meets the qualifying criteria, it will move to discharge or revoke the certificate. The funded client has an opportunity to argue against the withdrawal of funding, and a formal right of appeal, after which the Commission's decision is final. If, after this, the unassisted party still believes that funding should not have been granted and that the Commission's decision was wrong, they can make a complaint to the Commission and ask for compensation. They can also (as with all public bodies) ask their MP to refer a complaint to the Parliamentary Commissioner for Administration. If the Commission or the Parliamentary Commissioner finds that there was maladministration, the Commission will offer compensation for any losses that are attributable to it.

Secondary information

Type: Written question
Reference: 359 c168W;359 c166W; 141641
Session: 2000-01
Subjects: Complaints Appeals Legal aid scheme Legal Services Commission Maladministration
Link: View this Written question on www.publications.parliament.uk