Investigating high cost claims

On this page:

The LSC’s Special Investigations Unit
Civil investigations
Criminal investigations
Means assessment guidance
Expert accountancy advice
Contacting the Special Investigations Unit

The LSC’s Special Investigations Unit

The Special Investigations Unit (SIU) was set up to:

investigate applicants or clients with complex financial circumstances
combat potential fraud against the public fund.

The unit investigates civil and criminal applications for funding and deals directly with the LSC’s regional offices and Her Majesty’s Court Service.

Its aim is to ensure that only those who need it receive civil funding.

In terms of criminal funding SIU aims to recover as much money as possible from those who have the means and ability to pay.

Civil investigations

LSC regional offices may refer cases to the SIU for investigation either upon application, or at any time when a funding certificate is in force.

If a case is accepted, a full investigation is carried out. This takes as long as is necessary to accurately establish a client’s financial circumstances.

The unit sends findings to the regional office recommending whether or not funding is appropriate.

The regional office chooses whether or not to implement the recommendation and its decision is sent to the client directly.

Criminal investigations

Her Majesty’s Court Service (Crown Courts and the Criminal Appeal Office) may refer defendants to the SIU.

Examples of when this may happen include:

evidence of an appropriate prosecutor eg the Serious Fraud Office
an apparent aura of wealth.

If the referral is accepted the SIU investigates the case and prepares a report to send to the presiding Judge.

This is with a view to a Recovery of Defence Costs Order (RDCO) being made against the defendant.

If this order is made the defendant becomes liable for some or all of their defence costs. An order may be paid from income or capital at the Judge’s discretion.

Means assessment guidance

The Means Assessment Policy Adviser (MAPA) is responsible for ensuring legal aid eligibility is targeted at clients most in need.

The adviser contributes specialist knowledge of means assessment and fraud risk issues to civil and criminal public funding projects.

They can provide specialist training and guidance on cases involving business interests and complex finances to both internal and external customers upon request.

The MAPA is also responsible for developing and improving information sources for providers and clients including:

eligibility calculators
guidance manuals
other communications materials.

Expert accountancy advice

Expert accountancy advice is available through the SIU’s Forensic Accountant and Forensic Analyst.

All company directors who appear to be eligible for civil funding are automatically referred to the SIU by the LSC’s regional offices.

Advice about continuing funding is given to the regional office. A regional office may also refer cases where a client has complex business interests.

The SIU Forensic Accountant and Forensic Analyst also provides internal advice to the SIU where a client has complex business interests.

Such advice is provided in both civil and criminal funding cases via an internal memorandum to confirm:

any assessable income or capital
any further steps that need to be taken by the caseworker in order to progress the investigation.

Contacting the Special Investigations Unit

The team can be contacted at:

SIU
Legal Services Commission
11th Floor
Exchange Tower
2 Harbour Exchange Square
London E14 9GE
(DX 170 London/Chancery Lane)

Main phone number: 020 7718 8023

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Last updated: 10 July 2007