Who should sign the mental health Legal Aid form?

Law and practice Other
1

The “Declaration and Determination” part of Form CW 1&2 MH says that it’s to be signed by “An advisor who is one of the approved personnel of your organisation”. At the MHLA conference this month, the LAA spokesman said that it had to be signed by a supervisor because of paragraph 3.21 of the specification.

But that paragraph suggests it can be signed on behalf of a supervisor, as well as personally by the supervisor, and it only applies to CLR cases:

You must evidence your determination that a Client qualifies for Controlled Legal Representation by completing and signing a prescribed form. The prescribed form must be signed by or on behalf of a Supervisor.

What do people do in practice?

2

Anyone who is a panel member is authorised to sign (including consultants)

3

Hi, if ‘The prescribed form must be signed by or on behalf of a Supervisor’, couldn’t it be anyone authorised by the supervisor? Such as a trainee solicitor/paralegal?

1 Like
4

Yes, I’d have thought so. I don’t think I had ever thought about para 3.21 before, but if the LAA’s interpretation at the conference were right then there would be a lot of worried people.