Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - October 1998 - March 1999 > C.16/98
Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of other investigations completed
LEGAL AID BOARD
Failure by the Legal Aid Board (LAB) and the Legal Aid Assessment Office (LAAO) to investigate properly representations about a person's eligibility for legal aid
In October 2996 Mr W made representations to LAB about the award of legal aid to his opponent in legal proceedings. LAAO investigated the financial aspect of the representations without delay, but in March 1997 concluded, on the basis of a letter from the relevant Benefits Agency office, that the opponent remained financially eligible for legal id, despite having a substantial income. The Ombudsman found that if the Benefits Agency office had investigated the matter properly they would not have issued the letter in question and LAAO would, as a result, have recommended that the opponent's legal aid be withdrawn. The effect of the erroneous letter had been to delay for five months the withdrawal of the opponent's legal aid and consequent suspension of litigation against Mr W. The Chief Executive of the Benefits Agency agreed that the Agency would reimburse the costs incurred by Mr W in the matter from March 1997 onwards, subject to the outcome enquiries which they were making concerning the costs in question.
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