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When the review and appeal procedure applies

It is Board policy, in line with fair procedures, that applicants are told in writing about the review and appeal procedures every time:

  • an application for legal services is refused prior to the first consultation (usually but not exclusively, on financial eligibility grounds);
  • an application for a legal aid certificate is refused;.
  • An application for an authority or amended legal aid certificate is refused;
  • An application for a change of solicitor is refused; or
  • Legal services are withdrawn.

The procedures are not limited to the above circumstances but apply to any decision of the Board. However, it is important to note that the forming of an “intention” to withdraw legal services is not a decision which is reviewable or appealable. The applicant is given a one month period to show cause why legal services should not be withdrawn. It is only at the end of that period, if the Board ultimately decides to withdraw legal services, that they may seek a review or an appeal of the decision.