An explanation of legal aid guidance on controlled work, covering provider discretion, eligibility, funding limits, audits and compliance in publicly funded practice.
Legal aid guidance on controlled work occupies a central place in the delivery of publicly funded legal services. It governs the circumstances in which providers may grant legal aid themselves, without the need for prior approval from the Legal Aid Agency, and sets the boundaries within which that discretion must be exercised. For practitioners, a clear understanding of this guidance is essential, not only to ensure that clients receive timely assistance, but also to protect the provider from avoidable compliance risks.
Controlled work refers to categories of legal aid where the provider is permitted to make an immediate determination of eligibility and scope, subject to later assessment by the Legal Aid Agency. It is most commonly encountered in areas such as family, housing, debt, immigration and mental health. The policy intention is to allow vulnerable clients to access legal advice and assistance quickly, without the delays that would arise if every case required prior authority. Legal aid guidance is therefore the mechanism by which speed is balanced against accountability.
The guidance sets out, in detail, the tests that must be applied before controlled work can be opened. These include the merits criteria, the means assessment and the scope of funding. Providers are expected to apply these tests accurately at the outset and to retain clear evidence on file to demonstrate that the decision to grant legal aid was justified. Controlled work does not mean unregulated work; rather, it places a heightened responsibility on the provider to act correctly and to document their reasoning.
One of the defining features of controlled work is the limited level of funding that can be claimed without further authorisation. Legal aid guidance specifies fixed or standard fees, cost limits and, in some cases, stages of work. Practitioners must be alert to these limits and understand when it is necessary to seek an extension or to apply for licensed work. Failure to do so can result in work being carried out that is ultimately unpaid, with consequences for both the provider and the client.
Legal aid guidance also addresses the practical administration of controlled work. This includes requirements around opening files, completing controlled work forms, recording client instructions and retaining financial evidence. The emphasis is on clarity and consistency. In the event of an audit, the file must tell a coherent story, showing that the provider assessed eligibility correctly, carried out work within scope and claimed only what was permitted.
The relationship between controlled work guidance and audit is particularly important. Because controlled work decisions are made by the provider rather than approved in advance, they are scrutinised retrospectively. Auditors will assess whether the guidance was followed, whether the evidence supports the decision and whether the work claimed falls within the authorised limits. A sound understanding of the guidance, coupled with disciplined file management, is therefore critical in managing audit risk.
Supervision again plays a key role. Supervisors are expected to ensure that controlled work is opened appropriately and that junior staff understand the guidance they are applying. This may involve reviewing eligibility assessments, discussing scope issues and intervening where cases appear to be drifting beyond controlled work limits. In this way, guidance is not merely read but actively applied and reinforced within the organisation.
Controlled work guidance is not static. The Legal Aid Agency may issue updates, clarifications or amendments in response to policy changes or emerging issues. Providers must remain alert to these developments and ensure that learning is shared across the team. Outdated understanding can be just as problematic as no understanding at all, particularly where changes affect eligibility thresholds or scope definitions.
There is also an ethical dimension to controlled work guidance. The discretion it affords providers is designed to benefit clients, not to be exploited. Decisions to grant or refuse legal aid must be made objectively, in accordance with the guidance, and in the client’s best interests. Proper application of the rules supports fairness and consistency across the system, reinforcing public confidence in the use of public funds.
In conclusion, legal aid guidance on controlled work provides the framework within which providers can deliver timely, accessible legal assistance while remaining accountable for their decisions. It demands careful judgment, accurate assessment and thorough record keeping. When understood and applied correctly, it enables practitioners to respond swiftly to client need without compromising compliance. When misunderstood or neglected, it exposes organisations to financial and contractual risk. Mastery of controlled work guidance is therefore a defining feature of competent and sustainable legal aid practice.
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We share some of the latest video resources relesed by the LAA (credit to the LAA) on this subject.
Controlled work refers to categories of legal aid where the provider is authorised to grant legal aid to a client without first obtaining approval from the Legal Aid Agency. The decision is made by the provider at the outset, subject to later assessment and audit. Controlled work is designed to allow clients to receive timely legal advice and assistance, particularly in urgent or vulnerable situations, while still operating within a regulated framework.
Controlled work is most commonly found in areas such as family, housing, debt, immigration and mental health. The exact scope varies by category of law and contract. Legal aid guidance sets out which types of work fall within controlled work and which require an application for licensed work or prior authority.
Before opening controlled work, the provider must apply the means test, the merits test and confirm that the matter falls within the scope of legal aid. These assessments must be carried out in accordance with legal aid guidance, and clear evidence must be retained on file to support the decision to grant funding.
No, controlled work is subject to strict limits. Legal aid guidance sets out fixed fees, standard fees or cost limits that apply to controlled work. Once those limits are reached, the provider must consider whether to seek an extension, apply for licensed work or, in some cases, cease publicly funded work. Carrying out work beyond the permitted limits without authority risks non-payment.
Providers must retain evidence of the client’s financial eligibility, details of the legal issue, records of advice given and justification that the work falls within scope. The file should clearly demonstrate that the guidance was followed and that the decision to grant controlled work was properly made.
Controlled work is assessed retrospectively, usually through claim assessment and audit. The Legal Aid Agency will review whether eligibility was correctly assessed, whether the work claimed was within scope and limits, and whether the file contains adequate supporting evidence. This retrospective scrutiny places particular importance on accurate record keeping.
Supervision is central to the proper management of controlled work. Supervisors are responsible for ensuring that staff apply the guidance correctly, particularly in relation to eligibility and scope. Regular file reviews and discussions help identify issues early and reduce the risk of non-compliance.
If guidance is applied incorrectly, the Legal Aid Agency may refuse or reduce payment, and repeated or serious issues can lead to adverse audit findings or contractual action. Incorrect application can also affect clients, particularly if work is carried out that later falls outside the funding available.
Yes, some matters may begin as controlled work but later require an application for licensed work, for example where proceedings become necessary or the matter exceeds controlled work limits. Legal aid guidance explains when this transition is required, and providers must act promptly to seek the appropriate authority.
Controlled work guidance may be updated from time to time by the Legal Aid Agency, either through formal revisions or clarifications. Providers are expected to keep up to date with these changes and ensure that learning is shared within the organisation, as reliance on outdated guidance can lead to compliance issues.
Controlled work guidance is important because it defines the boundaries of provider discretion in granting legal aid. It enables timely access to justice for clients while protecting public funds. For providers, a sound understanding of the guidance reduces financial risk, supports audit readiness and underpins sustainable, compliant legal aid practice.
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