Legal Aid Agency cyber security incident: frequently asked questions
Source: gov.uk (2025-12-05)

Frequently asked questions about the Legal Aid Agency cyber security incident.

Data breach

Who might have been impacted by this breach? [added 22 May 2025, updated 8 August 2025, updated 11 August 2025]

We believe the group has accessed and downloaded a significant amount of personal data from those who applied for legal aid through our digital service between 2007 and 16 May 2025 when the systems were taken offline.

This data may have included contact details and addresses of applicants, their dates of birth, national ID numbers, criminal history, employment status and financial data such as contribution amounts, debts and payments. In some instances, information about the partners of legal aid applicants may be included in the compromised data.

What provider information has been breached? [added 22 May 2025]

We communicated to legal aid providers on 30 April that we believe that some financial details of providers may have been exposed including bank account numbers and sort codes. We have recommended providers remain vigilant for any unusual activity on their accounts.

What steps should I take to protect myself? [added 22 May 2025]

We would recommend anyone who believes they could be involved in this data breach to take steps to protect themselves. This includes being alert for any suspicious activity, messages or phone calls and taking steps to update passwords. If in doubt about anyone you are communicating with online or over the phone, make sure to verify their identity independently before engaging further with them. The National Cyber Security Centre’s webpage contains information on how to protect yourself from the impact of a data breach. The webpage can be found at https://www.ncsc.gov.uk/guidance/data-breaches.

Are provider IT systems at risk? [added 22 May 2025]

There is no direct risk. There is no direct connection from Legal Aid Agency (LAA) systems to any provider system – it is a one-way provider to LAA connection only.

Do legal aid providers need to contact clients? [added 22 May 2025]

There is no contractual obligation on providers to report this incident to the Information Commissioner’s Office (ICO) or to inform clients. The data impacted by this incident is either owned by the LAA or is considered Shared Data within the definition of the contract. The contract at clause 16.3 of the standard terms sets out that the responsibilities of the data controller will be exercised by the party in possession of the data – in this case by the Ministry of Justice (MoJ) as the data controller for LAA. MoJ notified the ICO of the incident and notified data subjects through the public announcement on GOV.UK on 19 May.

Why is the Portal offline? [added 22 May 2025, updated 27 June 2025]

Further to LAA notifications, the GOV.UK statement (https://www.gov.uk/government/news/legal-aid-agency-data-breach) posted on 19 May 2025 explains why the Portal is offline. Visit Legal Aid Agency cyber security incident (https://www.gov.uk/guidance/legal-aid-agency-cyber-security-incident) to view the latest updates and contingency measures.

Will the LAA provide a set of communications for legal aid practitioners that they can give to clients if they are contacted? [added 23 May 2025]

Guidance for clients and providers is available at: Legal Aid Agency cyber-security incident (https://www.gov.uk/guidance/legal-aid-agency-cyber-security-incident).

Data collection for onboarding onto the new Sign in to Legal Aid service

You can now locate any FAQs relating to the data collection for onboarding onto the new Sign in to Legal Aid Services on our Legal Aid learning website (https://legalaidlearning.justice.gov.uk/silas-data-security-frequently-asked-questions/)

Civil applications

Applying for substantive applications where emergency representation has expired [Updated 01 December 2025]

Emergency representation granted under delegated functions now includes a 24-week time limit and £6,750 costs limitation from 01 December 2025 (for applications were delegate functions were used up to the 30 November 2025 in contingency a 32 week time limit and £9,000 cost limit will be applied. These limitations will apply to emergency representation granted under delegated functions where the LAA is yet to make a substantive determination. Limitations on substantive determinations are effective from the date of the emergency representation determination, meaning funding will be continuous from the date of delegated functions where the LAA issues a substantive certificate. Providers can amend limitations under emergency representation where the work is completed within the 32 or 24-week limitation.

Where emergency representation has been granted by the LAA and not under delegated functions, providers can use the CIVAPP8 form to apply for amendments where further urgent work is required.

In cases where the 32 or 24-week limitation has expired providers can submit a substantive application. Please note, we will require a CIVAPP1 (non-family) or CIVAPP3 (family) and the relevant Financial Assessment form(s). Substantive applications cannot be made using the CIVAPP8 form.

What are the time limits on emergency certificates if providers used delegated functions before the changes on 27 June 2025? [Updated 23 October2025]

New emergency time limits of 32- weeks apply to all cases where the provider has used delegated functions to grant funding (and emergency representation is still in place) regardless of when the determination was made, if this was initially 8-weeks providers now have emergency time limit up to 32- weeks.

Is Secure File Exchange via Galaxkey still operational? [added 27 May 2025]

Yes, the Secure File Exchange, via Galaxkey is operating as normal.

How can I progress Exceptional Case Funding (ECF) controlled work applications? [added 30 May 2025]

You can continue to submit ECF controlled work applications in the usual way. For urgent cases, please contact us on xxx@xxx.xx (mailto:xxx@xxx.xx). In circumstances where you would ordinarily use CCMS, please submit an urgent application using the appropriate application forms and submit to this email address. Guidance on the forms to use is available at this link: Legal aid: apply for exceptional case funding (https://www.gov.uk/guidance/legal-aid-apply-for-exceptional-case-funding#how-to-apply-for-legal-aid-providers).

What can providers do if they believe the LAA has made a mistake on a Civil Contingency Application or Amendment? [added 13 June 2025]

Providers can use Civil Application Fixer (xxx@xxx.xx (mailto:xxx@xxx.xx)) if they believe we have: incorrectly rejected or refused, not considered the information provided, asked for documents or information already provided or granted an incorrect cost limitation. We will only review the decision based on the information submitted originally. You must submit an appeal if you wish to provide new information. When emailing this service please provide the contingency reference number and also details of why you believe an error has been made with any supporting evidence. We aim to review submissions within 24 hours (Monday to Friday). We will then rectify any errors at the earliest opportunity. If we believe, based on the information provided, the decision was correct, we will ask you to follow the appeal and review route for challenging a decision.

Civil billing

What process is in place to refund client contributions? [added 31 July]

Please email xxx@xxx.xx (mailto:xxx@xxx.xx) to request the refund is released. If the final bills have not been paid, we will require an undertaking as to your final costs to release the excess refund. We also require photo ID and the clients bank details to transfer the money directly.

How should I bill Legal Help escape cases? [added 30 May 2025]

Providers should continue to submit escape fee claims via Galaxkey and email. These will continue to be processed by LAA for payment under the normal timeline. Providers can continue to submit escape fee claims if they have not been uploaded onto CWA due to the Portal outage.

How does the current incident impact on Housing Loss Prevention Advice Service (HLPAS) payments? [added 22 May 2025, updated 27 June 2025]

HLPAS payments will be paid as normal. Claims made as part of the CWA contingency submission by 20 June will be paid on or before Monday 7 July. Claims made as part of the CWA contingency submission by 20 July will be paid on or before Monday 4 August.

Claims made on spreadsheet can continue to be submitted in the usual manner. Your payment will be picked up on the next payment run after receipt and processing which may result in you receiving your payment earlier than you currently do.

How should I account for Escape Cases in my Legal Help / Crime Lower monthly submission? [added 4 June 2025]

Guidance is provided in the monthly submission form, available for download at: Legal Aid Agency Contingency Monthly Contract Submission (https://assets.publishing.service.gov.uk/media/68667a61adfe29730ea3a9fd/Legal_Aid_Agency_Contingency_Monthly_Contract_Submission.xlsx) (MS Excel Spreadsheet, 38.2 KB), on what to include in your total claim figure. The totals reported for your monthly submission must not include any adjustment for Escape Cases regardless of whether they have been submitted for assessment. Escape Cases will be processed as usual and the LAA will make an adjustment to the monthly payment to account for any additional sums due for Escape Cases that have been assessed during the month.

Civil billing: Statutory Charge and Costs Recoveries Reporting

How do I claim a nil bill to be able to release inter partes costs for my client? [added 24 July]

The LAA will accept both requests for a Statutory Charge decision and to release monies to clients via email to xxx@xxx.xx (mailto:xxx@xxx.xx)

Please send via email an Admin 1 form for a Statutory Charge decision, or a written undertaking to request the release of costs or damages. A caseworker will correspond via email to confirm the decision, and any further information required.

The submission of nil bills and case outcomes on CCMS are an administrative process where contingency is not required.

We will accept an email undertaking from firms confirming the case has concluded for reporting purposes. This process does not overrule the need for nil bills and case outcomes to be lodged on CCMS at the return of system access.

Crime applications

Crime applications: General

How will transfers of Representation Orders be managed to resolve possible duplicates? What related guidance has been given to the judiciary on this? [added 21 July 2025]

Transfers will operate largely as they do now as set out in the Criminal Legal Aid Manual (CLAM) at Section 7.1. If the transfer is of a Representation Order that was issued by a provider using devolved powers (and following transfer the case will continue to meet the criteria for the use of devolved powers) then there is no requirement to inform the LAA of the transfer decision made by the court. The receiving firm should simply use the existing templates to issue themselves a Representation Order.

When using devolved powers, is the provider required to send a copy of the Representation Order to the client for both new and stockpiled cases? [added 21 July 2025]

The regulations require that a Representation Order is sent out in all cases. Where you have used devolved powers, please ensure that you have provided a copy of the Representation Order to your client. Please note that delegated authority for representation order applications in all case types will end for any case where you are first instructed by the client on or after 1st October 2025.

Can providers record the time for filling out the Representation Orders templates? [added 21 July 2025]

5.55 of the Standard Crime Contract Specification Standard Crime Contract Specification states: “You may charge for work done in the exercise of Delegated Functions and recording of such exercise”, although we recognise that this will only make a difference to the fee claimed in limited circumstances. Please note that delegated authority for representation order applications in all case types will end for any case where you are first instructed by the client on or after 1st October 2025.

Is there a deadline by when providers need to submit stockpiled applications to the LAA (Crown Court and defendants who are employed, self-employed, a director or is living off savings)? [added 21 July 2025]

We do not expect there to be many (if any) of these still to be submitted. If there are some still to be submitted, however, these will be accepted for the foreseeable future.

Please note that all applications must be submitted through Crime Apply from 1st October 2025.

Guidance on the incident webpage states that where exercising devolved powers, crime providers must provide a copy of the Representation Order to the client. Where the Provider incurs costs of postage to do so, can they claim these as a disbursement, given these are expenses that would not normally have to be incurred? [added 21 July 2025]

It is envisaged that this would normally happen during routine correspondence with the client or at a physical hearing and so cannot be claimed separately.

On the Representation Orders that firms have been provided with - what should they populate the ASN, ASN Seq and URN fields with? [added 23 July 2025, updated 29 July 2025]

We previously updated the Representation Order templates to remove the ASN field as this is not needed. Similarly, the ASN Seq field has also now been removed so that only the offences and date of each offence need to be listed. Please use Version 4 of the magistrates’ court through to Crown Court sentence template (see also new FAQ below) and Version 3 of the Crown Court template available on the incident webpage. The URN is the Unique Reference Number used in the Common Platform.

Why does the representation order template for magistrates’ court through to Crown Court sentence not specify that it will also cover a junior advocate if the case is committed for sentence? [added 29 July 2025]

We have updated the template to make it clear that this is the case. Please use Version 4 going forward as this clarifies the position; however, orders issued using previous versions still include cover for instructing junior counsel in these circumstances, even though it is not explicitly stated.

Where can providers find the exact wording of the offences to be included on the representation order? [added 29 July 2025]

The short title offence wording will be visible to providers when they associate themselves with a case on Common Platform, and this is what should be included on the representation order, rather than the full description of the offence.

Where a provider issued a Representation Order under devolved powers and the client then opts for Crown Court trial or the case is sent to the Crown Court, what date should the provider ask the LAA to date the new Representation Order from when submitting an application on Crime Apply [added 29 July 2025]

Unless a provider requests otherwise, the LAA will date the Crown Court Representation Order from the date we receive the application or the day after committal, whichever is later. If the provider granted a magistrates’ court Representation Order and would like us to backdate to the day after committal, they would need to state this on the application or within the email. However, please ensure Crown Court applications are submitted at the earliest opportunity.

Following on from the above question, how does the provider ensure they are paid for the Sending Hearing Fixed Fee and can instruct Counsel? [added 29 July 2025]

If the provider granted funding whilst the case is in the magistrates’ court, the self-granted magistrates’ court Representation Order would cover the sending hearing and therefore allow them to claim the Sending Hearing Fixed Fee. Note, this would be the case even if the internal administrative processes had not yet been completed to issue the order itself.

To instruct counsel however, they will then need to submit an application to the LAA using Crime Apply.

When access to systems has been restored will providers be required to submit all self-granted applications onto Crime Apply? Providers are retaining records of self-grant and using 900900 but it will be onerous for providers and LAA staff alike, if they are required to retrospectively apply for funding. [added 23 July 2025]

Providers do not need to submit any self-granted applications.

Crime billing

How should I account for Escape Cases in my Legal Help / Crime Lower monthly submission? [added 4 June 2025]

Guidance is provided in the monthly submission form, available for download at: Legal Aid Agency Contingency Monthly Contract Submission (https://assets.publishing.service.gov.uk/media/68667a61adfe29730ea3a9fd/Legal_Aid_Agency_Contingency_Monthly_Contract_Submission.xlsx) (MS Excel Spreadsheet, 38.2 KB), on what to include in your total claim figure. The totals reported for your monthly submission must not include any adjustment for Escape Cases regardless of whether they have been submitted for assessment. Escape Cases will be processed as usual and the LAA will make an adjustment to the monthly payment to account for any additional sums due for Escape Cases that have been assessed during the month.

How do I make a claim for Crime Hardship payments? [added 4 June 2025, updated 27 June 2025]

Providers are referred to the Crown Court Fee Guidance (https://www.gov.uk/government/publications/crown-court-fee-guidance) and Litigator fee claim forms and guidance (https://www.gov.uk/government/collections/litigator-fee-claim-forms-and-guidance) for details of hardship and interim claims.

Graduated fee (Litigators’ Graduated Fee Scheme (LGFS) and Advocates’ Graduated Fee Scheme (AGFS)) claim assessment recommenced with payments resuming the week commencing 2 June. Claims for hardship should be discussed with your Contract Manager.

Can I include a claim in my Crime Lower monthly submission for a case that has completed but where no Representation Order has been granted yet due to the Portal outage? [added 5 June 2025, updated 17 June 2025]

Yes. If your application relates to a Summary Only / Either Way matter in the magistrates’ court, please assume that the application will be granted.

When our internal systems become available again, you will need to submit these applications.

When assessing your application, if we determine that the case should not have been granted, the caseworker will authorise legal aid from the date of the initial stamp (which you will confirm to us) until the date your application is reviewed. At that point, a withdrawal of legal aid would occur. This process will enable you to claim for any costs incurred during this period.

We understand that you will not have a Representation Order. A note on the file referring to the incident will be sufficient for audit purposes.

As you will not have received a MAAT number for these cases, please use 900900 as a dummy MAAT number when claiming. Please note that while current MAAT numbers are 7 digits, 900900 is a valid MAAT number and will be accepted. This is essential to ensure that it is clear that your claim is a contingency claim, and allows us to track and monitor these.

What can help with assessment if I am claiming a Committal for Sentence fixed fee on a case where no MAAT number has been provided? [added 23 July]
- Please claim the case on CCCD using the dummy number 4900900.
- Provide a copy of the manual representation order issued by the solicitor, or confirm in the additional information section if the representation order was self-granted.
- If you are making an Advocates claim, please also provide an attendance note as this will enable an accurate assessment on initial submission.
Ministry of Justice schemes

Are there any issues with Qualified Legal Representative (QLR) claims? [added 30 May 2025]

No, the Qualified Legal Representative scheme is unaffected and claims can be submitted as normal.

Payments

Will BACS statements continue to be sent following each payment run? [added 4 June 2025]

BACS statements will continue to be printed and posted out as usual after each payment, as will the Provider Statement of Account (PSOA) that are sent out at the end of each month.

What do I do if I can’t meet a VAT bill deadline as a result of delayed legal aid payments? [added 27 June 2025]

Following contact from the LAA, His Majesty’s Revenue and Customs (HMRC) has updated its guidance on the VAT and Debt customer support lines including ‘time to pay arrangements’ acknowledging that HMRC is working with the LAA.

Individual practitioners who are concerned about their ability to meet a VAT bill deadline as a result of delayed legal aid payments should contact HMRC individually.

HMRC VAT Helpline: xx-xxxx-xxxx

Communications

I am a legal aid provider, why have I not received incident-related email notifications from the LAA? [added 22 May 2025, updated 27 June 2025]

All legal aid providers (contracted solicitors and barristers) registered on the LAA Portal receive regular email updates. Please check whether your spam filters have blocked incoming emails from the LAA. You will need to ensure you are able to receive messages from xxx@xxx.xx (mailto:xxx@xxx.xx) and xxx@xxx.xx (mailto:xxx@xxx.xx) to ensure that you receive future correspondence. If you think you are not receiving LAA emails please speak to your LAA Contract Manager, or for members of the independent Bar, please contact the LAA Customer Services Team on xx-xxxx-xxxx in the first instance to ensure that your correct details are on file.

Can I correspond with the LAA by email? [added 22 May 2025]

Yes, there is no concern with email communication.

Other

In relation to Judicial Review work under Public Law, as providers approach settlement but cannot serve the N255 form on the paid party due to a lack of a certificate, will they be protected if they complete the form declaring that the certificate has been issued, even though it hasn’t, until the system is operational and the certificate can be formally obtained? [added 9 July 2025]

Where matters are concluding and costs are being considered, we would consider that the email from the Legal Aid Agency (LAA) confirming the grant of funding is sufficient to constitute the certificate for the purposes of submitting an application to the court.

Under Regulation 38 of the Civil Legal Aid (Procedure) Regulations 2012, the provider is required to notify the court and other parties of the determination. The details typically included in the LAA’s confirmation email—such as the client’s name, scope of funding, and date of determination—should satisfy the requirements of this regulation.

We would not expect there to be any penalty or procedural issue if this email is provided to the court in place of the formal certificate, particularly where system issues are preventing its immediate issuance. However, we recommend including a brief covering note explaining the situation and confirming that the formal certificate will be provided once available.

Archived

Guidance, processes and clarifications detailed in the following FAQs are no longer relevant or in use.

What date will my CRM4 be granted from, the date of submission or the date of decision? [added 22 July 2025, archived 26 September 2025]

Our pre-incident process was to grant based on the date of decision. This worked because we were able to process electronic applications within 1 to 2 days. As a result of the email based contingency currently in place, turnaround times are now approximately 8 days (at the time of writing), and we have had feedback that using the date of decision for CRM4s is causing difficulties for some providers. As a temporary measure, prior authority grants will now be backdated to the date of submission. This will be the date the fully completed CRM4 and all necessary information is received by email. If further information is requested, the grant will be effective from the date that further information is provided. Once systems are reinstated and our turnaround times have fallen to more usual levels, we will revert to our previous approach. Please note that we remain unable to grant retrospective CRM4s.

To ensure that your CRM4 application can be processed first time, please make sure you provide the following:
- A fully completed CRM4 form. Please ensure a Unique File Number is provided, along with details of why the expenditure is sought
- A quote from the expert, containing a breakdown of the requested hours and hourly rate, as well as their postcode
- Alternative quotes if the hourly rate is higher than the prescribed rates, or the number of hours is higher than typically expected
Archived - Crime applications

How will transfers of Representation Orders be managed to resolve possible duplicates? What related guidance has been given to the judiciary on this? [added 21 July 20255, archived 30 September 2025]

Transfers will operate largely as they do now as set out in the Criminal Legal Aid Manual (CLAM) at Section 7.1. If the transfer is of a Representation Order that was issued by a provider using devolved powers (and following transfer the case will continue to meet the criteria for the use of devolved powers) then there is no requirement to inform the LAA of the transfer decision made by the court. The receiving firm should simply use the existing templates to issue themselves a Representation Order.

When using devolved powers, is the provider required to send a copy of the Representation Order to the client for both new and stockpiled cases? Why is there not a section for crime on the legal aid learning website? [added 21 July 2025, archived 30 September 2025]

The regulations require that a Representation Order is sent out in all cases, and so this requirement applies to the stockpiled cases as well as ongoing cases.

Can providers record the time for filling out the Representation Orders templates? [added 21 July 2025, archived 30 September 2025]

5.55 of the Standard Crime Contract Specification Standard Crime Contract Specification states: “You may charge for work done in the exercise of Delegated Functions and recording of such exercise”, although we recognise that this will only make a difference to the fee claimed in limited circumstances.

Firm A was instructed on a certain date and exercised devolved powers but withdrew at the first hearing on the same day due to professional embarrassment. A new firm is now instructed and has indicated they will be applying for legal aid. Can Firm A still exercise their devolved powers to grant a Representation Order and claim the fee? Normally, the Representation Order would be transferred. [Added 21 July 2025, archived 30 September 2025]

If Firm A was acting for the defendant, they effectively exercised their devolved powers to grant a Representation Order, even if the internal administrative processes had not yet been completed. If Firm A wishes to make a claim under paragraph 10.93 of the Standard Crime Contract 2022 Specification, then Firm B must apply to the court for a transfer of the Representation Order.

In this situation, the provisions for an urgent transfer may apply (see section 7.1.2 of the Criminal Legal Aid Manual). Since the Legal Aid Agency (LAA) had not issued the initial Representation Order, the court does not need to notify the LAA of the transfer.

Where a provider received a date stamp on 16 April but was waiting to submit the application for a Representation Order pending receipt of the client’s NI number when the portal went down, can they now exercise devolved powers and grant a Representation Order (criteria is satisfied) from the date stamp date? [added 21 July 2025, archived 30 September 2025]

For applications date stamped in Crime Apply before 7 May 2025 but not submitted, providers will need to email a CRM14 (and CRM15 where required) for the LAA to process. Please tell us on the application about the date stamp you obtained in Crime Apply and the LAA will backdate any Representation Order to this date.

For any applications date stamped in Crime Apply on or after 7 May 2025, when the delegated powers were implemented, and the criteria are satisfied, then providers can exercise those powers and grant a Representation Order.

Is there a deadline by when providers need to submit stockpiled applications to the LAA (Crown Court and defendants who are employed, self-employed, a director or is living off savings)? [added 21 July 2025, archived 30 September 2025]

These will be accepted for the foreseeable future however for Crown Court applications it is in your interests to submit these at the earliest opportunity. Without a Crown Court representation order from the LAA you will be unable to apply for prior authority or claim any interim payments.

Why is there not a section for crime on the legal aid learning website too for an area which is equally important, and which is complex with regard to crime applications and crime billing? [added 21 July 2025, archived 30 September 2025]

A crime contingency section has now been added: Crime Contingency – Legal Aid Learning (https://legalaidlearning.justice.gov.uk/crime-page/crime-contingency/)

Guidance on the incident webpage states that where exercising devolved powers, crime providers must provide a copy of the Representation Order to the client. Where the Provider incurs costs of postage to do so, can they claim these as a disbursement, given these are expenses that would not normally have to be incurred? [added 21 July 2025, archived 30 September 2025]

It is envisaged that this would normally happen during routine correspondence with the client or at a physical hearing and so cannot be claimed separately.

On the Representation Orders that firms have been provided with - what should they populate the ASN, ASN Seq and URN fields with? [added 23 July 2025]

[updated 29 July 2025, archived 30 September 2025]

We previously updated the Representation Order templates to remove the ASN field as this is not needed. Similarly, the ASN Seq field has also now been removed so that only the offences and date of each offence need to be listed. Please use Version 4 of the magistrates’ court through to Crown Court sentence template (see also new FAQ below) and Version 3 of the Crown Court template available on the incident webpage. The URN is the Unique Reference Number used in the Common Platform.

Why does the representation order template for magistrates’ court through to Crown Court sentence not specify that it will also cover a junior advocate if the case is committed for sentence? [added 29 July 2025, archived 30 September 2025]

We have updated the template to make it clear that this is the case. Please use Version 4 going forward as this clarifies the position; however, orders issued using previous versions still include cover for instructing junior counsel in these circumstances, even though it is not explicitly stated.

Where can providers find the exact wording of the offences to be included on the representation order? [added 29 July 2025, archived 30 September 2025]

The short title offence wording will be visible to providers when they associate themselves with a case on Common Platform, and this is what should be included on the representation order, rather than the full description of the offence.

When emailing a CRM14, how should providers request that a representation order is backdated to the date of instruction due to the service being offline? [added 29 July 2025, archived 30 September 2025]

Some providers have been indicating this date in the accompanying email, and others have been setting it out in free text in the form itself. Both of these approaches are acceptable.

Where a provider issued a Representation Order under devolved powers and the client then opts for Crown Court trial or the case is sent to the Crown Court, what date should the provider ask the LAA to date the new Representation Order from when submitting a CRM14? [added 29 July 2025, archived 30 September 2025]

Unless a provider requests otherwise, the LAA will date the Crown Court Representation Order from the date we receive the CRM14 or the day after committal, whichever is later. If the provider granted a magistrates’ court Representation Order and would like us to backdate to the day after committal, they would need to state this on the CRM14 or within the email. However, please ensure Crown Court applications are submitted at the earliest opportunity.

Following on from the above question, how does the provider ensure they are paid for the Sending Hearing Fixed Fee and can instruct Counsel? [added 29 July 2025, archived 30 September 2025]

If the provider granted funding whilst the case is in the magistrates’ court, the self-granted magistrates’ court Representation Order would cover the sending hearing and therefore allow them to claim the Sending Hearing Fixed Fee. Note, this would be the case even if the internal administrative processes had not yet been completed to issue the order itself.

To instruct counsel however, they will then need to submit a CRM14 to the LAA.

When access to systems has been restored will providers be required to submit all self-granted applications onto Crime Apply? Providers are retaining records of self-grant and using 900900 but it will be onerous for providers and LAA staff alike, if they are required to retrospectively apply for funding. [added 23 July 2025, archived 30 September 2025]

Providers do not need to submit any self-granted applications, either now or when Crime Apply becomes available.

Archived - Crime applications: Financial eligibility

Is use of the online calculator mandatory for passported / unemployed defendants? [added 30 July 2025, archived 30 September 2025]

Whilst we would strongly advise using the calculator, it is not mandatory.

If a client is in custody and no evidence is required of passported benefits, if they are granted bail for sentence or trial will evidence be required then? [added 29 July 2025, archived 30 September 2025]

If a client is in court custody when they instruct, and they are later released on bail, they will not then need to provide evidence. Providers need not retrospectively request evidence based on a change in custody status. If, however, the case is committed to Crown Court for trial, the provider will need to submit an application to the LAA, and we would request the NINO and evidence if not already provided with the application.

For stockpiled magistrates’ court applications that now fall within the delegated powers, do providers need to get proof of passporting benefit or can they claim based on the info they had at the time they signed their client up for funding? [added 21 July 2025, archived 30 September 2025]

Providers do not need to gather any evidence of a passporting benefit for cases where they were instructed before 16 July 2025.

Do firms need to try and obtain evidence of a passporting benefit for any case that remains live? [added 21 July 2025, archived 30 September 2025]

The onus on providers to try and obtain evidence of passporting benefits will only apply to cases where providers are newly instructed from 16 July 2025 onwards.

What steps should a provider follow where it is not possible to obtain evidence of a passporting benefit from a client? [added 21 July 2025, archived 30 September 2025]

If evidence of a passported benefit cannot be obtained or is not provided despite a chaser, the applications should be assessed as non-passported. For a non-passported case, a provider only needs to gather details of the name, amount and frequency of benefit payments and use this to complete the online means calculator (https://www.gov.uk/guidance/criminal-legal-aid-means-testing). In line with existing requirements, providers do not have to obtain evidence of a non passported benefit.

Note: if a case is treated as non-passported, it does not need to be emailed to the LAA on a completed CRM14. The only cases that need to be submitted remain those where the defendant is employed, self-employed, a director or living off savings or if the case progresses to the Crown Court.

Should providers still be seeking to obtain a National Insurance number (NINO) from each passported client? [added 21 July 2025, archived 30 September 2025]

It has always been a mandatory requirement for providers to obtain a NINO for any defendant who is in receipt of a passported benefit (with certain exceptions set out in CLAM). This requirement remains in place. It is necessary to enable retrospective confirmation that a defendant was in receipt of the benefit claimed. It is important to note that this checking will not lead to the recoupment of any claims paid, where a good faith and proportionate approach has been demonstrated to implementing the contingency processes in line with the guidance. This checking is, however, essential for us to assess the impact of the contingency arrangements, and the extent of any errors.

Do providers still need to obtain proof of passported benefits where the client is in court custody? [added 21 July 2025, archived 30 September 2025]

For applicants who are in court custody and claim to be in receipt of a passported benefit, these applications can be automatically passported and do not have to provide their/partner’s NINO. The LAA appreciates the difficulties that applicants are likely to have accessing this information in these circumstances. (NINOs continue to be mandatory for all other applicants as per the normal process).

What evidence is required to show receipt of a passported benefit? [added 21 July 2025, archived 30 September 2025]

Evidence of receipt of a passported benefit (Income Support, Universal Credit, Income-related Employment Support Allowance, Income-based Job Seekers Allowance and Guaranteed State Pension Credit) would be satisfied by one of the following:
- A recent bank or building society statement showing transactions during the calculation period (within the last 3 months) – the benefit type must be specified on the statement.
- A benefit notification letter dated within 3 months.
- A benefit notification letter older than 3 months supported by a recent bank statement i.e. showing transactions during the calculation period.
- A screenshot of the payments from the universal credit online account.
- Additional guidance that may help obtaining evidence direct from DWP Get a proof of benefit letter - GOV.UK (https://secure.dwp.gov.uk/get-a-proof-of-benefit-letter/)
If the client can only provide a bank statement which does not specify the type of benefit, the provider should process the applications as a non-passported benefit (‘benefits bypass’) as previously referred.

Guidance on benefit income can be found in CLAM, including the regular payment amount at Annex S of the Criminal Legal Aid Manual (https://assets.publishing.service.gov.uk/media/682e0efbb33f68eaba953939/criminal_legal_aid_manual.pdf). Any applications sent to the LAA continue to follow the usual evidence requirements.

Please note, if the evidence of Universal Credit shows a payment of zero, the applicant is not in receipt of a UC payment and should therefore not be assessed as passported.

Archived - Crime applications: Interests of Justice test

What happens if a provider grants a Representation Order for an Either Way matter that they think will remain in the magistrates’ court, but the magistrates’ court decide it should go to the Crown Court (for trial) at a hearing, after they have granted the Representation Order?

The Representation Order template covers the magistrates’ court work only. If an Either Way case is committed to the Crown Court for trial, providers will need to apply for the Crown Court work by emailing in a completed CRM14/15, as they will need a Representation Order covering the Crown Court to claim for the work done.

What evidence should providers retain on file to evidence that the Interests of Justice (IOJ) test has been satisfied with self-granted applications? [added 21 July 2025, archived 30 September 2025]

Providers should keep a note of IOJ reasoning on file along with full details of the client’s means (including all relevant evidence). For all applications as part of the contingency, IOJ justification should be provided in line with the Widgery criteria, whether that is on file or part of an application to LAA.

It is also recommended that providers complete a copy of the CRM14/15 and keep this on file for this purpose, although this is not mandatory.

Archived - Data collection for onboarding onto the new Sign in to Legal Aid service [archived 14 October 2025]

Can I use the same Microsoft Authenticator App to authenticate multiple user accounts? [added 10 September, archived 14 October 2025]

A third party user that holds numerous unique accounts can use the same Microsoft Authenticator App to authenticate all of their accounts, however the same Microsoft Authenticator App cannot be used to authenticate more than one user within an organisation.

Do I need access to the new service if I have a Contingent Liability Schedule and still have remainder work that I need to bill? [added 4 September 2025, archived 14 October 2025]

Yes, if you still have any remainder work to bill you will need access to our systems to be able to do so.

Will I need to carry out additional authentication checks to access the services (such as CCMS, Crime Apply, etc) as they get added to Sign in to Legal Aid Services? [added 4 September 2025, archived 14 October 2025]

No, the authentication will only be used to access Sign in to Legal Aid Services. You will not have to repeat this to gain access to the individual services that will sit on this service.

An employee’s passport is out of date, can this be used? And would this differ if it was verified when it was in date upon the commencement of employment? [added 4 September 2025, archived 14 October 2025]

No, all photo ID must be current and in date.

Can companies house be used to confirm ID? [added 4 September 2025, archived 14 October 2025]

No, this is not valid ID.

Who can sign the declaration as an “Authorised signatory”? [added 27 August 2025]

An individual with authority to represent and bind the organisation. This does not necessarily have to be the Compliance Officer for Legal Practice.

Would the entry passes issued to all barristers by the Bar Council suffice as proof of ID? [added 27 August 2025, archived 14 October 2025]

No, this is not an acceptable form of photo ID.

Does a third-party user need a unique phone number to pass the multifactor authentication? [added 27 August 2025, archived 14 October 2025]

No, although we recommend using the Microsoft Authenticator App as the authentication method, a phone number can be used, and this can be used for a number of accounts.

I hold multiple user accounts and have been stopped from using SMS-OTP (via mobile device) to go through the multifactor authentication, how can I authenticate my account? [added 27 August 2025, archived 14 October 2025]

You will need to use the Microsoft Authenticator App.

How will I know if user accounts are successfully created? [added 20 August 2025, archived 14 October 2025]

After we have collected your data and in advance of systems going live, you will receive an email with a link to an authentication process. As part of this you will receive confirmation that you have successfully set up your user account.

Who assigns user roles and permissions? [added 20 August 2025, archived 14 October 2025]

Firm Provider Admin users within each firm can assign applications and permissions once services are live. Details on the system roles will be provided in due course and can be amended by the Firm Provider Admin as required.

Can users be added individually after the bulk upload? [added 20 August 2025, archived 14 October 2025]

Yes, you can make an application to the LAA to create a new individual account. Details will be provided.

Will I need to complete a new declaration for each new user? [added 20 August 2025, archived 14 October 2025]

A declaration must be provided every time a request for new users is sent to the Legal Aid Agency. If one request covers more than one user, only one declaration is required.

For the multifactor authentication can I utilise the same phone number? [added 20 August 2025, archived 14 October 2025]

No, you should use a unique phone number when completing authentication.

For the multifactor authentication can I use a One Time Password via email if a user does not want to use their personal phone number? [added 20 August 2025, archived 14 October 2025]

No, in order to have multifactor authentication, a method other than an email address is required. There is further information on multifactor authentication (MFA) here (https://support.microsoft.com/en-us/topic/what-is-multifactor-authentication-e5e39437-121c-be60-d123-eda06bddf661)[MW1] (#_msocom_1) .

When will we have access to systems? [added 20 August 2025, archived 14 October 2025]

No earlier than September. More information will be provided on Gov.uk closer to the go live date.

Another firm has been granted access before me. How do I get access to the service? [added 20 August 2025, archived 14 October 2025]

We are working directly with a small pilot group to test our new process. This is a short pilot so will not create a large delay in getting other users activated. Once we have completed the pilot testing, we will be activating all remaining users. You cannot request priority to this rollout, you will automatically be contacted via email once your activation is enabled.

Can users share a generic email address? [added 20 August 2025, archived 14 October 2025]

No, all users must have their own account set up using an individual email address.

Can third parties such as costs drafts people share a generic email address? [added 20 August 2025, archived 14 October 2025]

No, all users must have their own account set up using a separate email address.

Does the email address have to be a firm account (e.g. xxx@xxx.xx (mailto:xxx@xxx.xx))? [added 20 August 2025]

No, any email address can be used, the only requirement is that it is unique so has not been used to set up another user account.

I only have cases on CIS do I need to register? [added 20 August 2025]

CIS cases do not require the user to log into Sign into Legal Aid Services, these cases are dealt with via email communication with caseworkers (as per BAU).

Will I be able to remove a user if they leave our organisation or no longer require access to the service? [added 20 August 2025, archived 14 October 2025]

Yes, a firm admin user will be able to remove any users once they no longer require access to the service.

If a user continues to use their maiden name for work purposes, can I accept ID in their married name? [added 20 August 2025, archived 14 October 2025]

As long as you are satisfied that their identification matches their legal name, they can be added under their preferred / maiden name.

Who should be included in third party tab on Organogram? [added 20 August 2025, archived 14 October 2025]

Anyone not employed by your firm that needs access on behalf of your firm, such as a costs draftsperson not directly employed by yourselves.

Can I use “paralegal” or “administrative staff” as user roles? [added 20 August 2025, archived 14 October 2025]

Yes, these are acceptable role titles.

What if a user does not hold any government issued ID? [added 20 August 2025]

If a user does not hold any government issued ID then they must provide two copies of non-graphic government issued ID (e.g. birth certificate, paper-based driving licence). If they are not able to provide this then they cannot be onboarded onto the Service.

What if a user refuses to provide identification? [added 20 August 2025, archived 14 October 2025]

If a user refuses to provide identification, then they cannot be onboarded onto the Service.

Do I need to obtain ID for every costs draftsperson that I use? [added 20 August 2025, archived 14 October 2025]

Yes, you must obtain identification for every user onboarded onto the Service.

Some of my staff do not have a work phone, how can they carry out multifactor authentication (MFA)? [added 20 August 2025, archived 14 October 2025]

There are various methods of MFA. There is further information on MFA here.

What will the new login procedure to SILAS be? [added 20 August 2025, archived 14 October 2025]

When your account has been created you will receive an email from xxx@xxx.xx with the title ‘Sign in to legal aid services – activate your account’. The email will contain an activation code and a link to ‘Activate your account’. During account activation you will be asked to set up multifactor authentication (MFA).

When will I receive my activation email? [added 20 August 2025, archived 14 October 2025]

You will not receive your activation email until the Services goes live in September.

Can an external firm handle the verification of their users and provide a third party declaration to our firm if they provide a Data Protection Agreement to meet the LAA requirements? [added 20 August, updated 10 September 2025, archived 14 October 2025]

Yes, an external ID checker can be used as long as the following is adhered to:

The external ID checker would rely on an addendum to their Data Processing Agreement (DPA) between the solicitor (Data Controller) and themselves as the Data Processor. The addendum would require the external ID checker, in their capacity as data processors, to validate the identity of individuals who will have access to SiLAS and retain appropriate verification records.

The body undertaking the check must view:
- A valid, in date, government issued photo ID (such as driving licence, passport, biometric residence permit)
- The person being ID’d
The body doing the check should then retain an audit log including:
- The unique number of the ID document
- The name of the person checked
- The date the check was completed
- Any declarations as to likeness or completion of check that the Agency are asking for
The record must be retained for at least as long as the user is active on SiLAS, or otherwise in accordance with their normal data retention policy.

The declaration and ID evidence may be requested by the legal aid provider and provided to LAA, usually as part of LAA audit and assurance activity.

If you wish to adopt the above agreement, you will need to speak to your contract manager to obtain an updated declaration to reflect the above requirements.

We use a firm to cover costs draftsperson tasks. They have a large number of staff that processes work as it arises. How do they gain access to the service? [added 20 August 2025, archived 14 October 2025]

You will need to add the details of the cost drafting staff to your organogram as third party users.

Can ID be provided via email or does it need to be seen in person? [added 20 August 2025, archived 14 October 2025]

Copies of ID can be provided via email.

Will barristers be required to undertake all roles themselves as the vast majority of these tasks are carried out by Clerks? [added 20 August 2025, archived 14 October 2025]

Each account is unique and may only be accessed by that individual. We are engaging with rep bodies to better understand the options available.

Can I use the Fees Clerks email address for all the barristers as they employ us to sort out their bills and filter notifications? [added 20 August 2025, archived 14 October 2025]

The email address must be unique as each individual must respond to a One Time passcode request.

What is required for an audit trail when checking user identification? [added 20 August 2025, archived 14 October 2025]

That there is a copy of ID for each individual included in the organogram or for any subsequent users added.

Do I need to retain copies of the users identification that are checked for users? [added 20 August 2025, archived 14 October 2025]

Yes, these must be retained for audit purposes.

I have an account under Contingent Liability that holds the same Firm ID/Number as a live account, should I include this on the Organogram? [added 20 August 2025, archived 14 October 2025]

Yes, if the Contingent Liability account has the same Firm ID/Number as a live account then the Contingent Liability account should be included on the Organogram.

What is the position with Novation Contingent Liability accounts that have a different Firm Number? [added 20 August 2025, archived 14 October 2025]

Access is by Firm Number so a ‘Novation CL’ account with a different Firm Number will require a separate Organogram. Please note that the users will have to hold different email addresses to those on the main account Organogram under the unique user account rules. A separate declaration is not required as, following merger, they are the same entity.

My organisation is withdrawing from Legal Aid. Do I still need to register on the service? [added 20 August 2025, archived 14 October 2025]

If there is remainder work still outstanding to bill then you will still need access to the Sign in to Legal Aid Services in order to be able to do this.

What should I do if I don’t have all of the information for a user? [added 13 August 2025, archived 14 October 2025]

You cannot submit any user that hasn’t been validated or has missing information on the organogram. Please do not proceed until all required information is validated. If you are unable to validate a user, then you can add them at a later date.

Should users be set up for each office code held? [added 13 August 2025, archived 14 October 2025]

No, each user only needs to be added once, even if you hold more than one office. The provider admin will be able to allocate access to any office codes required.

Can I add more than one provider admin? [added 13 August 2025, archived 14 October 2025]

Yes, you can add as many firm admins as is necessary. This will vary depending on the size of your firm, the number of offices held, volume of work, office policies, etc. We advise a minimum of two to provide cover for leave etc.

Does the signature on the returned declaration need to be a wet signature? [added 13 August 2025, archived 14 October 2025]

No, a digital or typed signature is acceptable.