Civil System Restoration – Handling of Contingency Work
The guides outline the procedures for handling contingency work and provide detailed explanations for specific scenarios.
Applies to England and Wales
Civil Applications System Restoration Scenarios
Underlying principles
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The LAA will input all decisions on items of work submitted under contingency arrangements – at present we have entered 85% of the contingency work submitted to us since 16 May 2025 on to CCMS, we will always have around two weeks of contingency work to input on to CCMS whilst Business Continuity Measure arrangements remain live. We expect to finalise the inputting of contingency work around two weeks after CCMS external restoration Please do not enter any contingency work on to the CCMS system.
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Providers will input all submissions for items of work granted under delegated functions. Providers do not need to request the extended emergency time and costs limitations when inputting applications. The LAA will issue emergency certificates with 32 week and £9,000 limitations.
Systems
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Please consider using the Apply Service when making an application for representation in Special Children Act, Domestic Abuse, Section 8 or Public Law Family proceedings.
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All other applications and submission will need to be made through the Provider User Interface.
Delegated functions
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Providers will need to submit an amendment via CCMS where delegated functions have been exercised to amend existing substantive certificates. One amendment submission can be made where delegated functions has been exercised on multiple occasions. The statement of case should record the date of those delegations to ensure certificates are issued with the correct effective dates.
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Where multiple delegations have been used on an initial application, providers should record the initial use of delegated functions when creating the application and add all the relevant proceedings and scope limitations. The statement of case should record the date of the separate delegations to ensure proceedings and limitations are issued with the correct effective dates.
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Providers are encouraged to use the ‘single stage’ application process where possible, submitting the emergency and substantive applications as part of the same submission. Further guidance on the process is available on the LAA Learning website: Single stage emergency application – Legal Aid Learning
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Please ensure amendments are created as ‘substantive’ rather than ‘emergency’ amendments, even where you are reporting the use of delegated functions.
Submitting applications and amendments
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The LAA will honour determinations to grant emergency representation under delegated functions provided the work is in scope under Part 1, Schedule 1 of LASPO and is not excluded by the provisions under Part 2 and 3.
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Providers should still supply the same level of information that would normally be included with application and amendment submissions. This includes evidence of financial eligibility with initial applications, a statement of case and other supporting documents including the relevant gateway evidence where applicable.
| Scenario | Action |
|---|---|
| Applications | |
| Application for legal aid was pending in CCMS at the point of the system outage. The application has not been resubmitted under contingency arrangements, and the provider has not issued emergency representation under delegated functions. | The LAA will make a decision on the pending application. |
| Application for legal aid was pending in CCMS at the point of the system outage. The application has since been submitted and granted under contingency arrangements. | The LAA will input the decision on CCMS. |
| Application for legal aid was pending in CCMS at the point of the system outage. The provider has subsequently issued emergency representation under delegated functions. | Providers should submit merits enquiry confirming date of delegated functions and LAA will backdate determination if the work was within scope of LASPO |
| Emergency certificate issued via CCMS, and substantive amendment was pending at the point of system outage. The application has not been submitted under contingency arrangements. | The LAA will make a decision on the pending application. |
| An amendment will need to be submitted once the substantive certificate has been issued to record the use of any further delegations following the initial grant. | |
| Emergency certificate issued via CCMS, and substantive amendment was pending at the point of system outage. The application has been submitted under contingency arrangements and substantive funding has been issued. | The LAA will input the decision on CCMS. |
| Emergency certificate issued via CCMS, and substantive amendment had yet to be submitted at the point of system outage. The application has not been submitted under contingency arrangements. | The provider will need to submit the substantive amendment via CCMS. |
| Emergency certificate issued under contingency arrangements which has not been converted into a substantive certificate. | The LAA will input the emergency representation decision on CCMS. The provider will need to submit a substantive amendment once the emergency certificate has been issued on CCMS. |
| No application is pending in CCMS, and the provider has granted emergency representation under delegated functions. | The provider will need to submit the application via CCMS. |
| Amendments | |
| Amendment was pending in CCMS at the point of the system outage. The amendment has not been resubmitted under contingency arrangements, and the provider has not exercised delegated functions to amend the case. | The LAA will make a decision on the pending amendment. |
| Amendment was pending in CCMS at the point of the system outage. The amendment has since been submitted and granted under contingency arrangements. | The LAA will input the decision on CCMS. |
| Amendment was pending in CCMS at the point of the system outage. The provider has subsequently exercised delegated functions to amend the case. | Providers should submit merits enquiry confirming date of delegated functions and LAA will backdate determination if the work was within scope of LASPO |
| No amendment is pending in CCMS, and the provider has exercised delegated functions to amend the case. | The provider will need to submit the amendment via CCMS. The provider will need to record the use of delegated functions in the merits report or statement of case. |
| Prior Authority | |
| Application for prior authority granted under contingency arrangements. | The provider will attach a copy of the LAA’s confirmation email granting the prior authority when submitting their final claim for costs as evidence of their authorisation. Providers will be asked to highlight the sections in their bill which this relates to also. |
| Appeals | |
| Application or amendment was refused via CCMS, and the decision has been overturned following a successful appeal made under contingency arrangements. | The LAA will input the decision on CCMS. |
Exceptional and Complex Cases Team (ECCT) system restoration
What to Expect When CCMS Returns
ECCT will upload granted applications, amendments and case plans on all contingency items of work submitted to us since 16 May 2025. Prior authority grants will not be uploaded; please see the scenarios below. Providers do not need to upload anything that they have already sent to us via email. Please do not submit any contingency work on the CCMS system
ECCT will resume processing the following via CCMS:
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All new applications (including exceptional case funding applications)
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New case plans and new amended case plans
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New Amendments and correspondence relating to ongoing ECCT matters
Providers will be able to track existing cases and will receive notifications directly through CCMS on all new cases and cases already on CCMS before the outage as well as seeing notifications on contingency cases ECCT has uploaded to the system.
ECCT will continue to prioritise emergency applications and urgent matters, will conclude decision making on items of work submitted as contingency including applications for review/ appeals against refusal decisions. We will ensure continuity of service during the transition.
Recovery Timeframe and Scenarios
Our recovery plan is designed to restore ECCT operations in a phased and manageable way. Please see below scenarios that providers may face and the action that should be taken. We have not repeated the scenarios from other communication, rather we have highlighted scenarios relevant to ECCT processes. This is not an exhaustive list and if a provider has something they are uncertain about they should contact us on ContactECC@justice.gov.uk
For cases on CCMS that have not been submitted under the contingency process, ECCT will send you a document request and would ask that providers please respond to explain the current position and supply any new documents and updating information
Where applications have been submitted under the contingency process, ECCT will enter the grant decision on CCMS. Where this has not yet happened and there is a further urgent application required (for example a scope amendment), then providers can contact us using the civil fixer process CCMS Provider: Civil fixer guidance – Legal Aid Learning so that we prioritise completion of the recovery work.
Any applications submitted using the contingency process that are still in progress, will be completed offline, with the outcome communicated by email. ECCT will update CCMS as necessary when completed, where the application is granted.
Outstanding Contingency Work
During the CCMS outage, ECCT has accepted all types of work under contingency arrangements. Outstanding work submitted via contingency will continue to be processed with urgent contingency cases being prioritised. Our processing times are available on Civil processing dates - GOV.UK.
Provider follow-ups: We continue to monitor the email box for correspondence about case priority. If circumstances change regarding urgency of contingency work, please continue to use the ContactECC@justice.gov.uk email box to enable us to prioritise our work.
Contingency Availability Post-CCMS Return
To support providers during the transition, contingency arrangements will remain available for a limited period after CCMS is restored and whilst Business Continuity Measure arrangements remain live. This includes:
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Submission of urgent requests where CCMS is unavailable
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Communication regarding cases where CCMS access remains problematic and/or where you have signed paper application ready to submit
For full details, please refer to our contingency guidance Legal Aid Agency cyber security incident - GOV.UK.
We appreciate your continued cooperation and patience. If you have any questions or require support, please contact us on ContactECC@justice.gov.uk
System Restoration Scenarios
Please see below potential scenarios that providers may face and the action that should be taken. This is not an exhaustive list and if a provider has something they are uncertain about they should contact us on ContactECC@justice.gov.uk
| Scenario | Action |
|---|---|
| Applications and Amendments | |
| Application for legal aid was pending in CCMS at the point of the system outage. The application has not been submitted under contingency arrangements, and the provider has not issued emergency representation under delegated functions. | The LAA will make a decision on the pending application. It is likely that ECCT will ask for updating information via a document request |
| Application for legal aid was submitted under contingency arrangements and refused | The LAA will continue to use the offline contingency process to conclusion for internal reviews and onward appeals. The LAA will enter the application onto CCMS if it is granted |
| Prior Authority (including for KC and Two Counsel) | |
| Application for prior authority granted under contingency arrangements. | The provider will attach a copy of the LAA’s confirmation email granting the prior authority when submitting their final claim for costs as evidence of their authorisation. Providers will be asked to highlight the sections in their bill which this relates to . |
| Appeals | |
| Application or amendment was refused via CCMS or under contingency arrangements, and the decision has been overturned following a successful review /appeal made under contingency arrangements. | The LAA will input the decision on CCMS where funding is granted. |
| Case Plans | |
| Case plans submitted on CCMS prior to the system outage, and no subsequent plan submitted under contingency arrangements. | The LAA will assess the case plan and return the notification via CCMS |
| Case plans received under contingency arrangements where plan agreed. | The LAA will carry out appropriate checks and input the agreed decision on CCMS. |
| Case Plan received under contingency arrangements and plan not yet agreed | The LAA will continue to make the decision offline and when concluded we will input the agreed decision on CCMS. Any amended case plan should be submitted on CCMS |
| Provider seeks case plan task when CCMS is returned | Provider submits case enquiry |
| Provider has requested case plan task under contingency arrangements | LAA will initiate a case plan task on CCMS |
High Cost Family (HCF) System Restoration
Underlying principles
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High Cost Family will upload all decisions, case plans and associated documents on all items of work submitted to us since 16 May 2025. Providers do not need to upload anything that they have already sent to us via email.
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Providers should send any new case plans, correspondence and amendments via CCMS.
Please see below a number of potential scenarios that providers may face and the action that should be taken. This is not an exhaustive list and if a provider has something they are uncertain about they should contact highcostfamily@justice.gov.uk.
| Scenario | Action |
|---|---|
| Registrations | |
| Registration requests submitted on CCMS immediately prior to the system outage and the request not submitted under contingency arrangements. | The LAA will make a decision on the registration and send the decision via CCMS. |
| Registration requests submitted under contingency and no subsequent case plan received under contingency | The LAA will input the outcome on CCMS and send a case plan notification task to the provider. |
| Registration requests submitted under contingency and subsequent case plan received under contingency | The LAA will input the outcome on CCMS and send a case plan notification task to the provider. Also see case plans for further detail. |
| Registration request received under contingency and the provider has granted emergency representation under delegated functions. | The provider will need to submit the application via CCMS. The LAA will then carry out appropriate checks then input the outcome on CCMS and send a case plan notification task to the provider. |
| Case Plans Task Submissions | |
| Case plans submitted on CCMS prior to the system outage, and no subsequent plan submitted under contingency arrangements. | The LAA will assess the case plan and return the notification via CCMS |
| Case plans received under contingency arrangements where plan agreed. | The LAA will carry out appropriate checks, input the agreed decision and upload the latest Case plan documentation on CCMS. |
| Case plans received under contingency arrangements where plan not agreed or further information requested. | The LAA will carry out appropriate checks, upload the case plan documentation, input the latest provider and LAA response. The case plan task notification will then be returned |
| Case plans received under contingency arrangements within 20 working days of restoration, but no assessment made. | The LAA will upload the case plan documentation to CCMS and then assess the case plan. The case plan task notification will then be returned |
| No case plan received and provider waiting for CCMS restoration. | The provider will need to submit the case plan documentation via CCMS. |
| Contract received on CCMS prior to the system outage, and no subsequent plan submitted under contingency arrangements. | The LAA will acknowledge and return the case plan notification |
| CCMS Case Plan notification task timed out and no subsequent plan submitted under contingency arrangements. | The LAA will return the case plan notification task |
| General Correspondence | |
| Enquiry submitted on CCMS prior to the system outage, and no subsequent plan submitted under contingency arrangements. | The LAA will respond and return the notification on CCMS |
| Enquiry received under contingency arrangements within 20 working days of restoration | The LAA will respond and upload the information to CCMS. |
| Amendments | |
| Amendment was pending in CCMS at the point of the system outage. The amendment has not been resubmitted under contingency arrangements. | The LAA will make a decision on the pending amendment. |
| Amendment was pending in CCMS at the point of the system outage. The amendment has since been submitted and granted under contingency arrangements. | The LAA will input the decision on CCMS. |
| Increase in costs agreed and contract received | The LAA will input the cost increase on CCMS. |
| Appeals | |
| Application or amendment was refused via CCMS, and the decision has been overturned following a successful appeal made under contingency arrangements. | The LAA will input the decision on CCMS. |
| Application or amendment was refused under contingency arrangements, and the decision has been overturned following a successful appeal. | The LAA will input the decision on CCMS. |