Guidance

Appeals: civil merits

How to appeal against a civil merits decision that you or your client disagree with.

Forms sent direct to you

Use the CIV APP 9 to appeal against a civil merits refusal. This form is sent out automatically when a decision is refused.

Using this form to appeal against a Legal Aid Agency (LAA) refusal to grant funding allows the case to be correctly identified and reduces the risk of your appeal being sent to the wrong region.

A letter is also acceptable, provided the case reference number is noted.

How it works

The appeal application will be reviewed internally.

It will be granted if the LAA considers the criteria for legal aid are now met.

If the criteria are still not met, the matter is referred to the independent funding adjudicator (IFA).

Where there is only a right of review (explained in the Civil Legal Aid (Procedure) Regulations 2012 and if the application is not granted, you and your client will be informed of the reason why.

Independent funding adjudicator

If the appeal is referred to the IFA, they will make a decision based on the existing legal aid regulations. The IFA may contact your client, if appropriate.

The decision is then returned to the regional office.

If the IFA advises the LAA to grant an application then, subject to all the regulations being met, a certificate will be issued or amended and you and your client notified.

Where the IFA support the decision to refuse legal aid, a letter of refusal, citing the grounds given by the IFA, will be issued.

Published 1 June 2014