A list of individuals excluded from being supervisors or performing contract work is available on our ‘contract terminations and exclusions’ page on GOV.UK – link below.
The information includes the:
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individual’s name
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region in which the individual was working prior to exclusion
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nature of work individual excluded from doing
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date exclusion was imposed
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date exclusion will be reviewed
Reasons for exclusion
Among other reasons which are set out in our standard contract documents, the LAA may exclude individuals where they have been:
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a cause of, or the subject of an official investigation or report – as defined within the applicable LAA contract standard terms
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a cause of a sanction, or
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they have been charged with, or convicted of, an imprisonable offence
In addition, we would need to consider that such action is reasonably necessary to protect clients, public funds or the LAA from material harm.
Why is this happening now?
By publishing a list, our intention is to raise awareness and reduce the risk of legal aid providers using any excluded individuals for work affected by the terms of their exclusion.
Right of appeal
Details of excluded individuals will only be published following the conclusion of any applicable LAA appeal processes.
Removing individuals from the list
The individual will be removed from the published list once the exclusion expires or is revoked and the LAA is satisfied that the individual no longer poses a risk of causing material harm to clients’ interests, public funds or the LAA.
Individuals are entitled to apply annually for a review of their inclusion on the list or should their circumstances change such that the exclusion may no longer be considered necessary.
Providers to check ‘excluded individuals’ list
To ensure that providers are not in breach of their contractual obligations, it is the responsibility of providers to check the ‘excluded individuals’ list before allowing individuals or third parties to carry out contract work on their behalf.
Obligations are set out in clause 10.4 of the contract standard terms – see contract link below. Appropriate action against any providers found to be employing excluded individuals will be considered by the LAA in accordance with the terms of the contract.
Further information
Contract terminations and exclusions – to download ‘excluded individuals’ list
Standard Civil Contract 2015 – see clauses 10.4, 24.9, 24.10 and 24.11 which are common to civil and crime contracts since 2010
Bar Standards Board Disciplinary tribunals and findings
SRA published regulatory decisions – details of suspended/struck off individuals
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