Our service standards for 2009-2010

Our service standards for opponents tell you the level of service you can expect from us, including how long it will take us to do things.

We work hard to meet our service standards, but accept that there will be circumstances when we are unable to do so. If this happens with your case, we will tell you why we are unable to meet our standards and when you can expect us to carry out the work.

If you feel that we have not done something within the timescale we have set and we have not written to you to explain why, please contact our Applications Department on 0131 240 2072.

If you feel that we have failed to meet any of our other standards or not given the level of service you are entitled to expect, you can read information about our complaints procedure, either on our website or by contacting our Communications Department on tel 0131 240 1985.

There may, however, be some information which we are unable to provide. The nature of the work we do means that we are often entrusted with sensitive information - for example, the financial circumstances of an applicant for legal aid or details about his or her case. Under section 34 of the Legal Aid (Scotland) Act 1986 we are not allowed to pass on details given to us under the Act, including in connection with an application (whether by the applicant or someone else) to anyone else unless one of the exceptions to this rule applies, such as that the person who gave us the information has given his/her permission to the disclosure. It is a criminal offence for a member of our staff to disclose information in breach of this section.

The following standards apply to all opponents of assisted persons or applicants. However, if we do not know your address or that of your solicitor and we could not find this out easily, we cannot tell you about the application. If the solicitor acting for the applicant gives us reasons why we should not tell you about the application or should delay doing so (for example, in cases where there are allegations of domestic violence) we may not tell you about the application or do so at a later date. In these circumstances, the standards marked with an asterisk will not apply.

Online services will have different service standards, with faster timescales.

Service standards

Our commitment to you

• We will treat you with courtesy and respect your right to confidentiality.
  
  
• If someone has applied for civil legal aid and told us that you are an opponent in their case, we will send you or your solicitor (if you have one):
  
  
  • a notice telling you that the application for legal aid has been made *
    
    
  • a copy of the applicant's statement in which they tell us about the nature of their case (sometimes referred to as the "statutory statement" or "the memorandum")*
    
    
  • a notice telling you about your right to make representations to the application and how to go about doing so. *
    
    
  • You will normally have 14 days to send your comments to us (or 28 days if you live outside the UK), but we can, in certain circumstances, allow you longer than this. *
    
    
  • If you send representations to us, we will carefully consider all the points you have made.
    
    
  • We will tell you whether or not legal aid has been granted to the applicant. * (We will normally make a decision within 32 days of receiving the application, or 30 days where the application is made online. However, sometimes we have to ask the applicant for more information, and this may delay the decision.)
    
    
  • If the applicant is granted legal aid, we will consider any new points you raise at any time during the lifetime of the legal aid certificate - you can make representations about a grant of legal aid more than once.
    
    
  • We will tell you if we decide to stop giving the applicant legal aid.

Communicating with you

• We will acknowledge your letters within 7 days of receiving them and give you a full written reply within 28 days. If, in exceptional circumstances, we are unable to reply fully in 28 days, we will tell you the reason for this and when we will be able to do so.
  
  
• If you telephone us, we will answer your call promptly. If we are unable to respond immediately to your request for information, we will call you back no later than close of business the next working day.
  
  
• If you make a complaint about the service we have provided, we will investigate the complaint and reply within 28 days.
  
  
• If you make an appointment and come to our office in person, we will see you promptly. If we are unable to give a full response to any query during the course of the meeting, we will arrange a date for a further meeting or for someone to write to you within 28 days of your visit or for someone to telephone you within 7 days.
  
  
• If you do not have an appointment and come to our office in person, we will take details of your query within 15 minutes of your arrival and arrange a date for a further meeting or for someone to write to you within 28 days of your visit or for someone to telephone you within 7 days.
  
  
• Where the matter is very urgent and you tell us, we will make sure we respond as soon as we can and that we use the most appropriate method of communication (e.g. telephone, fax etc.).
  
  
• Whether you write, telephone or visit our offices, you will always be treated with courtesy and respect. We will tell you our names so that you know who you have been dealing with.
  
  
• When we can supply the information you ask for, we will do so. If we cannot - perhaps because of someone's right to confidentiality - we will explain this to you.
  
  
• We will respect your right to confidentiality.

Notes

• All references to days mean calendar days, excluding public holidays.
  
  
• *Unless we do not know your address and that of your solicitor and we could not find this out easily, or if the solicitor acting for the applicant gives us reasons why we should not tell you or should delay telling you (for example, in cases where there are allegations of domestic violence).