The Legal Services Agency (LSA) previously began investigating a monthly sample of closed cases from April 2021 onwards, but has now adopted a “future overpayment prevention” (FOP) approach which will see it investigate ongoing cases instead.

In a recent notice, the LSA said: “This [approach] means that potential future errors can be identified and addressed before the legal aid fund has incurred undue costs which is particularly key in the current budget climate.

“The FOP process will gather information from applicants to assess the financial eligibility of the applicant at the application stage and through the life of a legal aid certificate being in place.”

Solicitors have been urged to ensure that their clients co-operate if selected in the sample, “as non-co-operation will lead to the suspension of their certificate and could result in the certificate being revoked, leaving them exposed to the costs of their case”.

The LSA added: “It is essential that you remind your clients of their responsibilities in signing a declaration and applying for legal aid, including notifying the Agency of any change in financial circumstances which might affect their ongoing eligibility.”