Family Fees from May 2011

[Alison J Stevens]

Family Fees from May 2011

On 9 May 2011 new fee schemes will be introduced for family work – the Private Family Law Representation Scheme and the Family Advocacy Scheme. The guidance in relation to both these schemes together with the Advocates’ Attendance Form that will be used for advocates at hearings and Questions and Answers on the new schemes can be found in the documents section on the right hand side of this page.

Visit the Unified Contract page for the new Family Specification and Payment Annex. Copies of the new forms that will be used for claims under the new schemes can also be found on the civil forms page of the website.

Forced marriage guidance

Guidance is available on making applications for funding for forced marriage protection orders.

National Centre for Domestic Violence

The National Centre for Domestic Violence (NCDV) is a charitable organisation that helps victims of domestic violence in obtaining emergency injunctions.  We have produced guidance in conjunction with the NCDV which sets out how to work with the NCDV within the terms of the LSC’s Unified Contract.

Decision-making guidance for family cases

Guidance on the funding of contact activities, risk assessments and child contact centre fees is in the ‘Narrative and Guidance: public funding’ document.

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.  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 by email or telephone [phone].

Mediation guidance

The document ‘s20.10 Referral to Mediation’ sets out the streamlining of the mediation exemptions that were implemented on 15 November 2010.

The document  ‘Guidance for Completing Mediation Submissions’ offers guidance on reporting work under family mediation contracts.

For details of the Family Mediation Specification and Family Mediation Contract Guidance please see the 2010 Standard Civil Contract page.

Immigration and asylum

We have published an ‘Immigration Funding FAQ document’ to aid providers.

We’ve also produced guidance on the process for submitting an application for a review of a refusal of Controlled Legal Representation.

Narrative and guidance: public funding

The ‘Narrative and guidance: public funding’ document contains an explanation of public funding. Topics covered include:

• the statutory charge
• costs
• costs orders against funded clients and the LSC
• prior authorities (including for experts in Children Act cases).

Costs assessment guidance 2010

The revised costs assessment guidance applies to work governed by the 2010 Standard Civil Contract.

It does not, however, apply to work in the Family category of law, or to Housing work that continues under the Unified Civil Contract rather than the 2010 Standard Civil Contract. Such work remains governed by the costs assessment guidance issued under the Unified Civil Contract.

There are no changes of substance in the revised guidance. However, the transfer of assessment of remuneration in Licensed Work cases from the courts to the LSC, anticipated in 2010 Standard Civil Contract Specification, has not yet been implemented. The costs assessment guidance, therefore, confirms that the costs limits for assessment by the court or LSC remain as under the previous specification