In many areas, solicitors and courts are working to ensure the new legal aid means-testing system is successfully implemented (see [2006] Gazette, 5 October, 1).

However, I am disappointed that some feel unable to act promptly for often vulnerable people in society; children being refused representation is particularly worrying.


The situation in relation to children is the same as it was before 2 October - children younger than 16 automatically pass the means test. Nor have there been changes to the interests-of-justice test. There is, therefore, no reason why solicitors should not represent children now.


The purpose of the early cover scheme is to ensure that there is recompense for solicitors who take on cases that they cannot be sure will pass the means test and that are not resolved by the time of the first hearing. We have enhanced it with a payment where the solicitor simply advises the client on filling in the form.


Derek Hill, director of the Criminal Defence Service, the Legal Services Commission, London