Civil news: exceptional case funding for families at inquests

Exceptional case funding (ECF) for inquest cases no longer need to include means assessments of individuals after a rule change on 12 January 2022.

How will the new rules work?

The changes mean that:

• new and pending applications for ECF inquest funding no longer require means assessments

• no further contributions will be required for existing ECF inquest certificates

• legal help related to the ECF inquest application – and not already in place – will no longer require a means assessment

There is no change to means testing for standalone legal help. However, the legal help waiver provision also remains in place. This allows for advice and assistance in the early stages of the inquest process.

How do we submit applications?

A new submission form called CIV ECF2 (INQ) is now available on the ECF legal aid pages on GOV.UK.

The new form needs to be emailed to the ECF team using the mailbox below. You should note that it will no longer be possible for means-free submissions to go through the Client and Cost Management System. We will advise you further when this situation changes.

Will you continue to accept the current forms?

You should start using the new CIV ECF2 (INQ) immediately. It replaces CIVAPP1 and the current ECF1, combining all information in one form.

We will continue to accept an application using the 2 forms which are being replaced – both are required – for 2 months until 11 March 2022.

Further information

ECC@justice.gov.uk – mailbox for submissions

Exceptional case funding form and guidance – updated CIV ECF2 (INQ) is now available for you to download together with provider pack and guidance on inquests

Civil legal aid: means testing – for amended Lord Chancellor’s guidance on determining financial eligibility for certificated work and updated means assessment guidance

Civil legal aid (financial resources and payment for services) (amendment) regulations 2021 – to view statutory instrument amending the regulations