Part 4: Age Assessment Section 57: Civil legal services relating to age assessments
Overview: This section amends Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ("LASPO 2012") to enable individuals seeking to appeal an age assessment decision to receive advice, assistance and representation in the form of civil legal services. It also amends Part 3 of Schedule 1 to LASPO 2012 to allow advocacy at age assessment appeals to be funded under legal aid.
	Background: Each paragraph of Part 1 of Schedule 1 to LASPO 2012 describes the types of civil legal service that may be made available. Services listed in that Part are known as "in scope". To obtain legal aid, an applicant must have a determination from the Director of Legal Aid Casework that their issue is in scope by virtue of being listed in Schedule 1. There are also statutory means and merits test which are set out in section 11 LASPO 2012 and in Regulations made under that Act.
	Part 3 of Schedule 1 to LASPO 2012 describes when advocacy is permitted as part of a civil legal service listed under Part 1 of Schedule 1.
	The intention of this section is to bring civil legal services for age assessment appeals into scope by amending Part 1 of Schedule 1 and to allow for advocacy at an age assessment appeal by amending Part 3 of Schedule 1.
	The aim of this section is that individuals seeking to appeal an age assessment decision in England and Wales can be supported by receiving advice and representation for that appeal.
	Subsection 1 sets out that Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is being amended.
	Subsection 2 inserts a new paragraph 31B into Part 1 of Schedule 1 which sets out that civil legal services are made available to individuals appealing an age assessment decision. New paragraph 31B(1) sets out that civil legal services are being provided for an age assessment appeal under the Nationality and Borders Act 2021, an application for an order for support to be provided pending determination of that appeal, and an onward appeal to either the Upper Tribunal, Court of Appeal or Supreme Court. Sub-paragraph (2) of new paragraph 31B sets out that sub-paragraph (1) is subject to the exclusions set out in Part 2 and Part 3 of Schedule 1 to LASPO 2012.
	Subsection 3 amends paragraph 13 of Part 3 of Schedule 1 to LASPO 2012 to provide that advocacy before the First-tier Tribunal for an age assessment appeal is permitted.