Consideration by the decision maker
Upon being allocated the submission the decision maker will be notified through an alert in EOS. They should read the submission, after which they may:
- form a view that the submission does not give them all the information that is required to enable them to take a decision. In this case they should contact the solicitor by email within EOS (or in very urgent cases by phone)and ask them for further information; or
- form a view that the submission is complete and they may consider it.
Following this they should re-read the submission, having regard to the following:
- the Act and Regulations;
- the general principles of decision making outlined above; and
- any specific guidance given in this Part regarding decision making.
They will then:
- decide to grant the application;
- decide to refuse the application; or
- having formed a view that the decision should be made at a higher level within Legal Services, decide to refer the application.
Where we consider material other than that provided in the application – in other words, material provided by a third party - and is considering refusing the application, the applicant will be advised by the member of staff who submitted the application that:-
- such additional material is being considered and is being made available to the applicant;
- an opportunity will be given to submit comments thereon within a specified time period; and
- such comments should be transmitted through the law centre.
The Board will then make a decision on the application.