The government has opened up its early legal advice pilot (ELAP) by allowing legal aid practitioners to refer people potentially eligible for housing, debt and welfare support.

Under the scheme, being piloted in Manchester and Middlesbrough, lawyers provide up to three hours of legal advice and assistance - but not representation - on housing, debt and welfare benefits.

Manchester City Council and Middlesbrough Council have been sending information on the pilot scheme to people with council tax arrears. In Manchester, the information has accompanied first reminder letters. Middlesbrough Council has written to people with a council tax arrears liability order.

However, the Ministry of Justice has amended the pilot so that participants can also be considered through direct referrals from legal aid providers participating in the scheme, and other local legal aid and service providers.

Potential candidates will be asked to complete a survey to see if they are eligible. In another tweak, everyone eligible will be invited to take up ELAP advice services. Under the original arrangements, some were directed to other local services.

The pilot, which was announced last October, will last five months. The ministry said it will be evaluated ‘to understand how pilot scheme delivery is working and to capture the reflections and challenges of providers participating in the pilot. It will seek to measure how far outcomes improve for individuals seen under the pilot - such as whether this results in financial security, reduced distress and improved legal capability’.

At the time the pilot was announced, the Legal Aid Practitioners Group criticised the three-hour cap.

The ministry’s guidance states that practitioners are not expected to resolve all a pilot participant’s issues within the time limit.

‘Outcomes that might be expected, depending on the nature of the case, include pilot scheme participants having a better understanding of their problem, some action being taken with or on behalf of pilot scheme participants, or enabling pilot scheme participants to implement a strategy to deal with their problems. Even if only one of these suggestions has been possible to achieve in the timeframe, this is still considered valid delivery for the purposes of this pilot scheme,’ the guidance says.

 

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