Legal aid FAQs - non-emergency applications

Q1.   How to I make an application where I cannot get the clients signature on the appropriate declaration?

In recognition of the difficulties experienced by suppliers and applicants during the pandemic, the Agency issued Circular 07/2020 which sets out the alternatives.

Q2.   How do I dispute the date on the certificate?

Please submit a ‘Review – Merit Outcome’ request and set out your representations in relation to the dating of the certificate. 

For guidance on how to submit a review request in LAMS, refer to Section 21.0 of the LAMS Supplier Manual.

Q3.   I have obtained the medical records of my client but they are voluminous. Do I need to upload them all?

The Agency need to see all relevant medical records. What is relevant should be decided by the solicitor in the first instance, however broadly we will require to see all records indicating treatment for the index injury.  In the case of a medical negligence claim, some records prior to the index incident may be relevant to confirm that the applicant did not have a pre-existing condition etc. In this regard, solicitors should be guided by the judgement of Stephens J in ‘RLC (a protected person) by KN her sister and Next Friend [2016] NIQB 21’ which clearly sets out that it is for the instructing solicitor to analyse the medical notes to determine if there is a case and that this is not the responsibility of the LSANI. Further, when uploading documents, solicitors should have regard to their obligations under the Data Protection Act and the General Data Protection Regulations in ensuring that only relevant personal data, which will assist with the determination of the statutory tests, is uploaded.

The maximum size of each document that can be uploaded into LAMS is 25MB with no cumulative maximum size. If you attempt to upload a document that exceeds 25MB an error message will be displayed.

Solicitors should label uploaded documentation with the most appropriate option from the drop down menu on LAMS. The date that the documentation is uploaded should be entered into the date field when the material is being uploaded to LAMS.

Q4.   I want to submit CCTV in support of my application. How should I do this on LAMS?

The maximum size of each file that can be uploaded into LAMS is 25MB with no cumulative maximum size. If you attempt to upload a file that exceeds 25MB an error message will be displayed. If your file is 25MB or less please upload the CCTV as a supporting document to LAMS. If the file size is too large then please send the file to: enquiries@lsani.gov.uk. If the footage is only available on a disc (or if it is too large to be sent by email) then we are happy for this to be posted / hand delivered to us and it can be returned to you when it has been viewed.

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