Civil news: Speeding up the ‘dual-stage emergency application’ process in CCMS

Where possible a single-stage emergency application should be submitted.

If a dual-stage emergency application is needed, the substantive amendment must be submitted within five working days of the emergency certificate being granted. This applies even where the case concluded during the life of the emergency certificate.

 

Dual-stage emergency applications and financial evidence

1)    Where some, but not all, evidence is available

Evidence for emergency applications should always be retained on file. Where delegated functions have been used it may not be possible to collect all the evidence needed. In these circumstances, the evidence available (examples include an ATM bank statement or a current wage slip) should be retained on file and submitted with a substantive amendment. You can submit the evidence available before the substantive amendment if you want to.

2)    Where no evidence is available

Emergency applications submitted without any evidence being retained on file should be exceptional and justification should be provided with the application explaining why no evidence can be submitted. Examples of exceptional circumstances include ‘street homelessness’ or domestic violence situations where the client does not have access to any financial evidence because finances were solely controlled by someone else and are in that person’s sole name.

Substantive amendments and financial evidence

1)    Where some, but not all, evidence is available

A substantive amendment must be submitted within 5 working days, supported by the evidence available when delegated authority was granted and any further evidence obtained.  The declaration confirming mandatory evidence has been submitted should still be completed but the means report updated to confirm that delegated functions have been granted and full evidence is not available. We are investigating the possibility of adding a separate declaration for this scenario in the future.

2)    Where no evidence is available

Again, substantive applications submitted without any evidence should be exceptional and justification should be provided with the amendment explaining why no evidence can be submitted.

 

Nullification and financial evidence

1)    Where some, but not all, evidence is available

A certificate will not be nullified where delegated functions can be justified by the evidence provided with the emergency application or the substantive amendment.

2)    Where no evidence is available

Detailed justification of why no evidence is available and the action taken to try and obtain the evidence needed must be provided.  If this is not provided, a certificate is at risk of nullification. A certificate will not be nullified without a request for this justification.

 

If you believe a certificate has been nullified incorrectly please email the Business Improvement Team using ‘nullification’ as the subject header and this will be investigated.

 

We are reviewing the dual-stage emergency application process so we can make improvements based on user feedback.

 

Further information

Quick Guide – how to submit a dual stage emergency application

Procedure Regulations – for guidance on dual stage emergency applications

BIT@justice.gov.uk – contact the Business Improvement Team