GovWire

Counter Fraud and Investigations

The Counter Fraud and Investigations (CFI) team is responsible for investigating allegations of fraud by solicitors, barristers and third-party experts carrying out legal aid work. They also investigate allegations of fraud by clients in receipt of both civil and criminal legal aid.

Fraud investigations

CFI works closely with the Solicitors Regulation Authority and Bar Standards Board in the delivery of their role.

Allegations of potential fraud against the LAA are investigated by the CFI in accordance with the Fraud Act 2006. Work is carried out in partnership with other government agencies most commonly the DWP to investigate representations against legal aid entitlement where fraud is alleged.

CFI work in partnership with their counterparts in wider government or directly with the police to prepare evidence for the prosecution of fraud against LAA. This is termed application fraud, where clients intentionally fail to declare income or capital assets in order to qualify for legal aid.

To report suspected fraudulent activity, you should e-mail CFI: MoJCounterFraudInv@justice.gov.uk

Phone scamming

Fraudulent phone calls are occasionally made from people pretending to be from the Legal Aid Agency to try and obtain personal information from members of the public.

The Legal Aid Agency will never telephone to ask for sensitive information in this way. Anyone who thinks they may have been a victim of fraudulent calls should contact Action Fraud the UKs national reporting centre for fraud and cybercrime.

You can either telephone 0300 123 2040 or use the online reporting tool on the Action Fraud website.

Representations / allegations of fraud against the granting of legal aid to an individual

Role of the Legal Aid Agency

The role of the Legal Aid Agency is to administer the Legal Aid Scheme in England and Wales, we cannot determine issues of fact or evidence as to do so would take over the role of the Court.

Legal Aid eligibility

Guidance is available: Work out who qualifies for civil legal aid. The guidance shows the various forms of evidence that can be used to bring otherwise out of scope proceedings in scope for Legal Aid. There is no power in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) or associated Regulations which allows us to challenge the accuracy of evidence provided. The powers of the Agency are governed by the Act of Parliament previously referred to and no investigative powers are given to the Legal Aid Agency under that Act.

Confidentiality

The confidentiality provisions contained in LASPO prevent us from advising any individual what information, documentation or evidence has been relied upon when an application for funding was made. They also prevent us from advising what information we have considered during a representations investigation. We are therefore unable to advise you of the basis upon which Legal Aid was granted to an individual.

Conduct of solicitors

The Legal Aid Agency cannot investigate the conduct or behaviour of solicitors. Any concerns regarding solicitors conduct should be raised directly with the firm or through the Solicitors Regulation Authority.

Authority to disclose your representations

We require consent to disclose representations to the funded individual and their legal representative. You must clearly mark your correspondence with one of the following:

• consent for us forwarding a copy of your representations

• consent for us paraphrasing the substance of your representations, but without revealing your identity

Third party representations

If you are not a party to the proceedings, we are unable to provide any information regarding funding or confirm the outcome of any investigation which may be undertaken because of your representations. This is due to the confidentiality provisions contained in the Access to Justice Act 1999, LASPO, and the Data Protection Act 1998.

We work in strict chronological order and the length of time an investigation takes varies. If contact details have been provided to us, we will keep you updated throughout the investigation and / or (depending on the length of investigation) advise you of the outcome of your representations when the investigation has concluded.

The following information is needed when you make representations:

• Certificate reference number (in cases where public funding is granted and court proceedings have been issued, the conducting solicitors are required to serve notice of Legal Aid on any other party to the proceedings. This number is generally 12 digits long and starts with a 3

• Details of the funded individual - full name, date of birth (if known), address (if known), National Insurance Number (if known)

• Full details of the representations you wish to make with, where possible, evidence (such as court orders, expert reports, bank statements) to substantiate your concerns

• Consent to disclose your representations

Contact

You can submit your representations using our online reporting form, by email, telephone or post.