Guidance on our decision making

One of the aims of the Legal Services Commission is to produce consistent and justifiable decisions throughout its regional offices and among its contracted suppliers.

Decisions taken under the Access to Justice Act 1999, the Funding Code, the regulatory framework and the Rules under the General Civil Contract often involve the exercise of discretion.

While the exercise of discretion always involves a judgement by the decision maker, the Commission takes the view that guidance on the questions and factors to be considered when exercising that discretion will help to minimise unjustifiable inconsistencies among individual decision-makers.

Moreover the Funding Code, which was approved by Parliament under Section 9 of the Access to Justice Act 1999, provides in the Procedures (in Part A at 9.1 - 9.3) that all persons making decisions under the Funding Code shall have regard to guidance issued by the Lord Chancellor under Section 23 of the Act and to guidance issued by the Commission.

Such guidance is implemented following consultation with practitioner groups and other relevant bodies and is subject to ongoing revision in the light of relevant developments. In this way, the Commission seeks to achieve consistent and justifiable decisions.