Our power to request information

We are entitled to request any information that we may require for the purposes of performing our functions under the Act.

This applies from the applications stage to the accounts stage of the process.

You have to provide information when we ask for it and you are not specifically precluded from providing it because of any solicitor-client confidentiality.

We are obliged by strict rules of confidentiality in terms of section 34 of the Act.

The vast majority of such requests is simply for additional information to support a charge or charges.

Subject to particular arrangements with any firm, the file is normally only ever requested where there is a question mark over the validity of the account because it is so poorly framed, or we are unable to assess the account without reference to the file.

You are not precluded from providing information on the basis that it is personal data under General Data Protection Regulations (GDPR). (“Personal data” has to be information that relates to an individual, whereby that individual can be identified or identifiable, either directly or indirectly, from one or more identifiers or from factors specific to the individual.) Article 6(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 provides a lawful basis for processing data where such processing is necessary for compliance with a legal obligation to which the controller (SLAB) are subject. Article 6(3) requires that the legal obligation must be laid down by UK or EU law, in this case the Act and regulations.

The need for information at the accounts stage is to achieve the overall purpose of ensuring that payments from the Fund are properly incurred in terms of section 4 of the Act, and regulations.

The Regulation has been given effect in UK law by the Data Protection Act 2018.

In order to achieve this purpose, but only where we consider it necessary, we may request your file, time records or any other information to enable us to assess your account and be satisfied that the statutory test has been met.

Until such time as information requested by us is received and the assessment complete, any steps taken to lodge an account for taxation is premature and contrary to the regulatory provisions.

Work and time recording
Employment of counsel, expert witness, unusual work or unusually large expenditure

In this section

Introduction to Children's accounts

Guidance in relation to the preparation and assessment of Children’s Legal Assistance Accounts

This guidance applies to your accounts arising from the provision of children’s legal aid, advice and assistance and ABWOR.

Introduction to Children's accounts

Statutory tests of taxation and payment from the Fund

Guidance on regulations that form the basis, set by Parliament, on which you are entitled to payment and is termed the standard of taxation.

Introduction to Children's accounts

Assessment of an account – the process and role of the assessor

Guidance to facilitate the submission of an account that can be assessed by our staff and paid as claimed with minimum intervention or negotiation.

Introduction to Children's accounts

Payment must be made to the nominated solicitor

Guidance explaining accounts submitted under advice and assistance or legal aid must be paid to you as ‘nominated solicitor’

Introduction to Children's accounts

Taxation and Note of Objections procedure

Guidance on taxation and note of objections procedure

Introduction to Children's accounts

Preparation and submission of your account

Information on how to submit and prepare your accounts

Introduction to Children's accounts

Factors to consider when preparing your account

Guidance on factors to consider when preparing your account

Introduction to Children's accounts

Administrative work and expenses

Guidance on work chargeable

Introduction to Children's accounts

Aggregation for time at court including any necessary travel

Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day

Introduction to Children's accounts

Apportionment

Guidance on the apportionment of charges

Introduction to Children's accounts

Work and time recording

Guidance on retaining file notes to supplement your account and copies of correspondence, documentation received throughout a case

Introduction to Children's accounts

Employment of counsel, expert witness, unusual work or unusually large expenditure

Guidance on the employment of counsel, expert witness, unusual work or unusually large expenditure

Introduction to Children's accounts

Who can provide Children’s Legal Aid, Advice and Assistance and ABWOR?

Guidance on who can provide legal assistance, which is central to an understanding as to what is properly chargeable in your account.