Civil news: exceptional case funding for families at inquests

Exceptional case funding (ECF) for inquest cases will no longer need to include means assessments of individuals from 12 January 2022.

How will the new rules work?

The changes mean that starting on 12 January 2022:

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 will be made available on the ECF legal aid pages on GOV.UK. We will advise you further after it has been published.

The new form will need to be emailed to the ECF team. You should note that it will not be possible for means-free submissions to go through the Client and Cost Management System (CCMS) from 12 January 2022. We will advise you further when this situation changes.

Will you continue to accept the current forms?

You should use the new ECF form once it is available. It replaces CIVAPP1 and the current ECF1, combining all information in one form. We will continue to accept an application using the current 2 forms – both are required – for 2 months until 11 March 2022.

Further information

Exceptional case funding form and guidance – updated form will be uploaded by 12 January 2022

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