Civil legal aid divorce cases

Summary

The request sought total spending on civil legal aid for divorce cases over three years and details on fraud prevention checks. The Treasury disclosed the specific costs for 2019/20 to 2021/22 and explained the verification processes involving social security benefits, applicant declarations, and potential checks with the Tax Office.

Key Facts

• Total payments for divorce proceedings and ancillary matters over three financial years were £602,530.
• Applicants receiving specific social security benefits automatically satisfy the financial test for legal aid.
• The Legal Aid office is authorized to contact relevant organizations to validate application information.
• The Legal Aid office will check with the Tax Office if a fraudulent application is suspected.
• Regular checks are conducted to ensure legally assisted persons continue to qualify for aid.

Data Disclosed

• £212,921
• £196,481
• £193,128
• £602,530
• 2019/20
• 2020/21
• 2021/22
• 2022-07-20
• 2022-08-03
• 2541489

Original Request

Please provide the total amount supplied to applicants under civil legal aid for divorce cases over the last 3 years . Also what checks are made to cross check the expenses claimed by legal aid applicants are not fraudulent or is it the case the civil legal aid department take the figures they receive from advocates , without no actual checks whatsoever and take the figures as factual , without actually checking the expenses claimed on the civil legal aid applications before issuing a legal aid certificate. Please advise if the civil legal aid department actually check with the tax department if the applicants earnings are correct as per the legal aid application and also do they check if the applicant is receiving maintenance and child benefits before they issue a legal aid certificate. Given civil legal aid is supplied out of tax payers funds the responses . Should not be difficult to answer and I would appreciate a swift response.

Data Tables (2)

Full Response Text

Freedom of Information Seyrsnys Fysseree

The Treasury Government Office, Douglas Isle of Man, IM1 3PU

Telephone: (01624) 685605 Email: FOI.Treasury@gov.im

Government Website: www.gov.im

Our ref: 2541489 3 August 2022

Dear ###

We write further to your request which was received on 20 July 2022 and which states:

Please provide the total amount supplied to applicants under civil legal aid for divorce cases over the last 3 years . Also what checks are made to cross check the expenses claimed by legal aid applicants are not fraudulent or is it the case the civil legal aid department take the figures they receive from advocates , without no actual checks whatsoever and take the figures as factual, without actually checking the expenses claimed on the civil legal aid applications before issuing a legal aid certificate. Please advise if the civil legal aid department actually check with the tax department if the applicants earnings are correct as per the legal aid application and also do they check if the applicant is receiving maintenance and child benefits before they issue a legal aid certificate. Given civil legal aid is supplied out of tax payers funds the responses. Should not be difficult to answer and I would appreciate a swift response.

Below are the costs paid in the last 3 financial years for divorce proceedings and ancillary matters associated with divorce. Ancillary matters may include: division of the matrimonial home; division of matrimonial assets; custody, care, access, visitation of child(ren); child, spousal maintenance. 2019/20
£ 212,921 2020/21
£ 196,481 2021/22
£ 193,128 Total £ 602,530 Note that:-

1. The figures are for financial years beginning 1 April and ending 31 March the following year
2. The figures include VAT
3. The figures reflect the total payments to Advocates made during the financial year, as opposed to the value of the work undertaken during the year. Often cases span more than one financial year. In relation to the second part of your request extensive checks are carried out to try and prevent fraudulent applications. In cases conducted under Legal Advice & Assistance Regulations, commonly known as “Green Form,” the Advocate is required to carry out the financial determination. Applicants for legal aid who are in receipt of the following social security benefits automatically satisfy the financial test:- Employed Person’s Allowance, Income Support, Income based Jobseeker’s Allowance. In these cases the appropriate checks will have been undertaken by Benefits, Social Security Division, the applicant will be required to provide proof of benefits to the Advocate. Details of the qualifying criteria and the financial means test are provided in the Legal Aid Advocates Handbook which is published on the Legal Aid webpages at https://www.gov.im/media/1367442/6th-edition-handbook-november-2019.pdf (see page 12 onwards). For a full legal aid certificate the application must be accompanied either by proof of social security benefits or extensive evidence of the individual’s financial situation – see the Legal Aid checklist attached which details the information required.
   Within the application for legal aid the applicant authorises the Legal Aid office “to contact any relevant organisation or body they consider necessary in order to validate the information I have provided as part of my application for legal aid.” The applicant also declares “I understand that I may be prosecuted if I give information that is incorrect or incomplete.” The Legal Aid office will check with the Tax Office if a fraudulent application is suspected. Regular checks are carried out by the Legal Aid Office to ensure the legally assisted person continues to qualify either for free legal aid, or legal aid as a contributor. Please quote the reference number 2541489 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

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In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.