The Civil Legal Aid (Procedure) Regulations 2012

Appeal: power to decide certain issues

47.—(1) The adjudicator may decide any of the following issues on appeal and the decision of the adjudicator on any such issue is binding on the Director—

(a) the prospects of success;

(b) the cost benefit criteria;

(c) whether a case has overwhelming importance to the individual; and

(d) whether a determination should be made, withdrawn or revoked in light of the individual’s conduct.

(2) Where the adjudicator confirms the Director’s assessment of any of the issues described in paragraph (1)—

(a) the adjudicator must give written reasons, and

(b) the Director must notify the individual.

(3) Where the adjudicator disagrees with the Director’s assessment of any of the issues described in paragraph (1), the adjudicator must—

(a) refer the determination, amendment or withdrawal under appeal to the Director for reconsideration, giving written reasons; and

(b) the Director must notify the individual.

(4) In this regulation, “case with overwhelming importance to the individual” means a case which is not primarily a claim for damages or other sum of money and which relates to one or more of the following—

(a) the life, liberty or physical safety of the individual or a member of that individual’s family (an individual is a member of another individual’s family if the requirements of section 10(6) of the Act are met); or

(b) the immediate risk that the individual may become homeless.