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Communicating the refusal

Once a decision, at whatever level, is taken to refuse legal aid, it must be communicated to the applicant. This will usually be done via their solicitor unless it is done before legal advice has been granted or there is an exceptional reason not to do so.

It is very important that applicants are made aware (and informed in writing when the decision issues) that there are procedures in place for decisions at first instance to be reviewed. There is also an appeal procedure in place for all decisions for the Board. These are heard by a statutory committee of the Board, the appeal committee, who have the final say.

This refusal letter is based on an application for legal aid which has been refused having regard to the merits criteria. It can be adapted for any refusal of an application to the Board except for financial eligibility grounds.