CLS news

Analysis of Exceptional Cases shows that some providers are not claiming for all the Exceptional Cases they are entitled to and the LSC have begun discussions with these Providers and with representative bodies to understand why and also to raise awareness of the claiming procedure.

What are Exceptional Cases?

Included within the Civil Phase 1 Fee Schemes introduced in October 2007 (Mental Health was introduced in January 2008) and the Crime Police Station Fixed Fee Scheme introduced in January 2008 is the provision for a case to ‘escape’ the fixed fee and be remunerated on an hourly rate basis. These are known as ‘Exceptional Cases’.

As Exceptional Cases are usually the more complex and therefore longer cases we are now seeing the volume of these cases increase 11 months after the introduction of the fees (8 for Mental health and Crime).

Forms

These cases are initially reported on your monthly submission and will be credited the fixed fee.

In order that you to receive a further credit you will need to send us the files for assessment together with form:

• EC Claim 1 (Civil) 
• CDS 18 (Crime) 

These forms can be found at the:

• Civil forms page 
• Crime forms page

Payment for the cases will be through your monthly SMP and not on a case-by-case basis.

Emphasis on quality in claims procedure

The claiming procedure is about checking that the work you have done on the case is acceptable and should be paid for, not about ‘forensically’ seeking out examples of non-compliance in order to cut down your claims. Our focus is to pay the right amount for the work done.

Assessment timings

In order that the higher value of these cases is reflected as soon as possible we will endeavor to carry out the assessments well within the National Performance Standard of 8 weeks. This is reflected in our current performance of under 2 weeks.

Fast-tracking claims

The application process also gives you the opportunity to “fast-track” claims where you require the file urgently, for example to release client money where a Charge applies, or for an imminent court date.

Future plans

• As part of the Civil Phase 1 Fee Schemes Review, we will be looking at Civil Exceptional Cases and exploring a risked-based assessment for Providers that perform consistently well.
• We will also apply this to the Exceptional Case assessments of Crime Providers. At this point in time, with the current volume, we are unable to do so - but it is something we are keeping under review. 
• For Civil Exceptional Cases an initial report of our analysis has been circulated the to the Civil Contracts Consultative Group. We are looking to consult on our findings in early 2009.

For further information on the claiming procedure please call the relevant assessment teams on:

TFF Replacement and Family

Nottingham - 0115 908 4381
Newcastle - 0191 428 3727
Liverpool - 0151 242 5332

Crime

Nottingham - 0115 908 4382
Liverpool - 0151 242 5210

Mental Health (Mental Health Unit)

Nottingham - 0115 908 4280
Liverpool - 0151 242 5256

Immigration (NIAT)

020 7718 8091