Legal guidance and updates

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On 14 October we will be implementing the new Family Fee Schemes from 2010. 

We are holding a number of free training events on Family Fee Schemes 2010 in September and early October 2010. For more details and to book an event please go to Training for Family Fees from 2010.

How to use this page

This page provides legal guidance updates relevant to contracted Family providers. These will be posted as and when needed rather than according to a set timetable.

If you are a member of the public needing legal advice, please visit our Community Legal Advice website where you can:

Any queries relating to the information in this page should be directed to the Family team.  

Family Specification for 2010

Following the publication of Family Legal Aid Funding from 2010: A Consultation response on 21 October 2009, the draft Family Specification which will form part of the 2010 contract is now available.  The new Specification reflects the new fee structure under the Private Law Representation Scheme and the Family Advocacy Scheme as set out in the consultation response.

We held a consultation on the provisions of the Family Specification with the family representative bodies until 20 November 2009 after which the Specification was finalised. 

The specification can be found in the documents panel on the right.

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 020 7783 7557.

Preparing for care and supervision proceedings

A best practice guide

The Ministry of Justice in co-operation with the Department for Children, Schools and Families, the Welsh Assembly Government and the Judiciary of England and Wales have issued a best practice guide "Preparing for Care and Supervision Proceedings" for all professionals involved in care proceedings.

The guide can be found in the documents panel on the right.

The guide has been extensively peer reviewed by professionals from the various fields of expertise including social work, legal, Cafcass/CAFCASS CYMRU, and HMCS. The guide gives practical advice on the various stages that need to be undertaken pre-proceedings and gives examples of best practice, document templates, clarification on the roles of those involved, and directs readers towards more detailed guidance on specific issues.

The LSC has contributed to the guide, which includes information about the legal aid funding available in care proceedings, as part of our involvement with the steering group. This involvement is one area of the whole system initiatives work the LSC undertakes - working with other stakeholders within the family justice system to help the system work more effectively for clients, providers and agencies. For further details of our work in this area please see the Civil Justice Initiatives page.

Transparency in the family courts funding issues

Family court hearings were opened to accredited media from 27 April 2009. This is part of new measures intended to improve scrutiny of and public confidence in the family court system.

The issue of media attendance will potentially need to be considered in all family cases (except those where media attendance is not permitted in any event). Therefore this work will form part of the usual steps which are taken by legal representatives providing representation to funded clients.  

Full clarification of the funding position can be found in the documents panel on the right.  

Queries can be addressed to the Family Policy Team at family@legalservices.gov.uk.

Forced marriage guidance

Following the implementation of the Forced Marriage Act, guidance is available when making applications for funding for forced marriage protection orders.  Please see the documents panel on the right for further details.

Family Fee Schemes - Q and A

Following recent provider events on the family fee schemes introduced in October 2007 we have produced a Q & A dealing with the issues raised. This can be found on the documents panel.

Amended family decision-making guidance

New measures contained in the Children and Adoption Act 2006 to give courts increased powers to resolve child contact disputes and enforce contact orders were implemented on 8 December 2008.

Following a consultation during September and October 2008 the LSC has amended the Funding Code Decision-Making Guidance to reflect the implementation of the Act.  The new, amended guidance includes provisions relating to the funding of contact activities, risk assessments and child contact centre fees and can be found on in the documents section on the right-hand side of this page.  

The documents also include the relevant part of the guidance relating to the scope of public funding certificates which has been updated to take account of the new legislation.

An analysis of the responses received to the consultation can be found in the documents panel on the right.

A question and answer document can also be found in the documents panel on the right. 

Family drug and alcohol court pilot - Inner London Family Proceedings Court

Guidance from the Legal Services Commission regarding identification of FDAC cases and remuneration of legal representatives.

The LSC has been working with the court at Wells Street to support the ongoing  care proceedings pilot there and guidance has been agreed with the judiciary as well as the FDAC Legal Planning Group. The Group is attended by solicitor representatives as well as representatives of the local authorities involved in the pilot (Camden, Islington and Westminster). 

So that pilot cases can be identified by the LSC and dealt with as quickly as possible, as well as the impacts on funding monitored,  practitioners are asked to identify cases in the pilot by marking the standard LSC application forms. 

Guidance is also given around the attendance of legal representatives at review hearings attended by the client(s). This indicates that attendances will be remunerated where it is reasonable to anticipate in advance of the particular hearing that the representative will be required to provide advocacy services for the funded client(s) at the hearing.   

The full guidance is available in the documents panel on the right. 

Family Graduated Fee Scheme - amendments to support the Public Law Outline

The Family Graduated Fee Scheme for barristers has been amended to support the introduction of the Public Law Outline on 1 April 2008. 

A copy of the relevant amendment order - The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2008 can be found on the LSC website here together with a note detailing the changes made.  

Statement from MoJ re: court fees exemptions

There were amendments to the rules in relation to exemptions from court fees on 1 October.

We've received queries from solicitors providing advice and assistance under Legal Help, querying the documents the court needs to see to support applications for fee concessions. 

The MoJ has confirmed its position. See Documents for full details.

Care proceedings: local initiatives Public Law Outline

Sir Mark Potter, the President of the Family Division of the judiciary has announced a number of initiatives. These relate to changes in the Judicial Case Management Protocol for public law Children Act cases.

Please see Documents for:

An item on the Public Law Outline was published in Focus 54 (August 2007).

Any funding queries relating to the Public Law Outline can be addressed to the LSC's Family team. 

Changes to family remuneration for private law proceedings

Following the DCA/LSC paper Legal Aid Reform: the Way Ahead the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 2007 will harmonise solicitor remuneration rates for private law family cases as between the county court and the Magistrates’/Family Proceedings Court.

These Regulations apply to all work carried out after 2 April 2007 where funding was granted after that date. 

Please see Documents for a:

 

Last updated: 19 July 2010

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