Parents Against Injustice
Parents Against Injustice
IMPORTANT INFORMATION REGARDING GUARDIANS.
http://www.legalservices.gov.uk/civil/cls_news_10505.as
A reminder of the rules regarding the appointment of guardians in public law children cases
We are aware that there have recently been delays in the appointment of children's guardians in public law cases and we have received queries from providers representing children who have been directed by the courts to instruct an independent social worker to undertake the role of the guardian.
We appreciate the current problems with Cafcass resource, however, such work is not a legitimate disbursement under a public funding certificate.
It does not fall within the scope of services in the definition of Legal Representation in the Funding Code, nor is it an expense which would properly be borne by the client if they did not have the benefit of public funding.
The Community Legal Service Fund is, of course, limited and it is the responsibility of Cafcass to provide a children's guardian in such cases. This does not affect the instruction of an independent social worker as an expert, appointed in accordance with the relevant Practice Direction, when carrying out additional work that does not fall within the functions of Cafcass as set out in section 12 of the Criminal Justice and Court Services Act 2000.
Providers should therefore note that any applications for prior authority for such costs will be refused as will any claim for costs on assessment.
More information
If any providers have been directed by the court to instruct a children's guardian in this way and there are queries in relation to this please contact Jane Worsey in the family policy team or telephone 020 7783 7557.
A reminder of the rules regarding the appointment of guardians in public law children cases
We are aware that there have recently been delays in the appointment of children's guardians in public law cases and we have received queries from providers representing children who have been directed by the courts to instruct an independent social worker to undertake the role of the guardian.
We appreciate the current problems with Cafcass resource, however, such work is not a legitimate disbursement under a public funding certificate.
It does not fall within the scope of services in the definition of Legal Representation in the Funding Code, nor is it an expense which would properly be borne by the client if they did not have the benefit of public funding.
The Community Legal Service Fund is, of course, limited and it is the responsibility of Cafcass to provide a children's guardian in such cases. This does not affect the instruction of an independent social worker as an expert, appointed in accordance with the relevant Practice Direction, when carrying out additional work that does not fall within the functions of Cafcass as set out in section 12 of the Criminal Justice and Court Services Act 2000.
Providers should therefore note that any applications for prior authority for such costs will be refused as will any claim for costs on assessment.
More information
If any providers have been directed by the court to instruct a children's guardian in this way and there are queries in relation to this please contact Jane Worsey in the family policy team or telephone 020 7783 7557.
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