|
The Legal Aid Agency (LAA) have made changes to the Civil Finance Electronic Handbook, the Escape Cases Electronic Handbook and the Guidance on the Remuneration of Expert Witnesses.
Concerns have been raised regarding the proposed changes around subject access requests and we are following these up with the LAA.
Guidance on the Remuneration of Expert Witnesses
Paragraph 6.29 on payment of interpreters at court has been updated.
> Read
the revised guidance
The Civil Finance Electronic Handbook and the Escape Cases Electronic Handbook
Interpreters: For work undertaken from 1 April, attendance and waiting at a hearing can be claimed at the codified rate for interpreters.
It is considered that a rate of two-thirds of the hourly rate is reasonable in respect of travel time in all instances.
Subject access requests - copies of records: The LAA have stated that with the introduction of the General Data Protection Regulation and the Data Protection Act 2018 on 25 May, the position
in relation to charging for copies of records under a subject access request has changed. From that date anyone can make a request to a company or organisation asking for access to the personal information it holds on them and this right can be exercised at
any point for free.
On that basis, the LAA have stated that they would not expect to see any claims for these costs from that date onwards. This will particularly impact charges for medical records and police disclosure fees, but it is not limited to those.
Where the organisation considers that the request is 'manifestly unreasonable or excessive', there is provision for a charge to be made. This may be, for example, because the police would need to redact records.
Concerns have been raised with the LAA regarding the differing approach of police forces in relation to what they charge for and how much they charge. The LAA are investigating this further and, in the interim, the LAA have confirmed that they would expect
that, where the information could have been provided by the police under a subject access request, there should not be a charge; however, where the police have indicated that there will be a charge, for example they are providing information on a different
basis or the information is exempt from the GDPR provisions, then the LAA will fund these costs provided there is a justification on the file. This could be correspondence from the police force or, in the absence of that, a note from the provider.
Evidence for advocates meeting: Confirmation that the LAA only require evidence where more than two meetings are held.
> Read
the revised Civil Finance Electronic Handbook
>
Read the revised Escape Cases Electronic Handbook
|
