Help at court confusion

Beverley Rockliff points out that there is a discrepancy in my earlier letter (see [2000] Gazette, 20 April, 16) concerning the use of help at court for respondents in family injunction applications, and advice from her local office.

The problem lies in our contract guidance, LSC Manual Volume 2 at paragraph F4.3.In the case of respondents, help at court may be an appropriate level of service, whether the hearing relates to the making of an order or its enforcement.

It should be available where there is no defence which would justify an application for legal representation and there is sufficient benefit in attending court, as opposed to merely advising the client, that is to say, representation at the hearing in question is likely to make a real difference.

To the extent that our guidance says otherwise, we propose to amend it as soon as possible but will consult on the precise revised wording before implementing the change.

However, we will publish the proposed wording in our Focus newsletter in July and inform practitioners that they may take advantage of it straight away.Our apologies for the confusion.

This has caused us to revisit the issue and we appreciate the need for change.Ms Rockliff's other point concerns who collects the statutory charge in relation to those legal help matters where the charge still applies.

The answer is that there is no change, as the charge under the 1999 Act for Legal Help is in favour of the solicitor, who is responsible for its collection (see Regulation 45 of The Community Legal Service (Financial) Regulations 2000, Focus 29 at page 40).Roger Hamilton, Director Policy and Legal Department, Legal Services Commission