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REFORMS TO PUBLIC FUNDING FROM OCTOBER 2007

Seminar 30/11/2007

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The Changes – in brief

• Changes apply to certificates issued after 1 October 2007

• Standard fees to apply for all stages in Care & Supervision proceedings except “advocacy”

• Changes to “controlled work” – Level 1 (Legal Help) & Level 2 (Family Help)

• New forms– CLS CLAIM1A– EC CLAIM1

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Private Law changes

GI BBI NS Levels of Representation(Private Law)

The LSC identify 4 levels of representation that you should become familiar with:

• Level 1 – Legal Help (controlled work)• Level 2 – Family Help (controlled work)• Level 3 – Family Help (Licensed work)• Level 4 – Legal Representation (Licensed

work)NB – General Family Help & Help with

Mediation scrapped.

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Controlled Work – Level 1

• Single fee at this level irrespective of number of issues

• Initial meeting and any work flowing from that

• Covers change of name and Wills (cannot proceed to Level 2)

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Controlled Work – Level 1 cont.

• Divorce – complex (eg international issues) can be complex

• Higher fees for petitioners, however, only payable if it settles at Level 1 or moves straight to certificate (Licensed work)

• If it moves to Level 2, “respondent” fee is payable even if client is petitioner

• Exceptional if THREE times fixed fee

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Level 1 - Fees

• Petitioner - £159.00

• Respondent - £94.00

Rates for exceptional cases:

£50.05ph for prep & attendances

£28.05ph for travel & wait

£3.95 for telephone calls & letters written

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Controlled Work – Level 2

Moves to Level 2 from Level 1 when:

• There is a “significant” family dispute

• The matter relates to children and/or finance issues that require work beyond the initial interview and follow up

• Counsel costs included (although not expected at this level)

Basically – Level 2 is for “negotiation”

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Level 2 – Children & Finance

• Covers all work up to, but not including, issue of proceedings in Children cases

• Includes issue of proceedings for the purpose of obtaining a consent order in Finance case

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Level 2 – Children & Finance cont.

• There is a settlement fee if matter concludes at Level 2

• Settlement– Children – agreement so that they do not require

further representation (consent order not necessary)– Finance – agreement embodied in a consent order or

other binding agreement

Settlement fees do not contribute to the exceptional case calculation and are NOT paid

in exceptional cases

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Level 2 – Children & Finance cont.

• If case involves significant family disputes relating to finance and children then both fees can be claimed

• Where only one issue is settled then only one settlement fee is payable

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Solicitor’s Charge

• Level 1- exempt from charge

• Level 2 – charge only applies when case is exceptional

• Charge only applies to costs above the exceptional case threshold, including any disbursements and VAT

• Home is exempt from charge

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Level 2 – Fees

• Children matters - £221.00– Settlement fee - £132.00

• Finance matters - £231.00– Settlement fee - £139.00

Rates for exceptional cases:£50.50ph for prep & attendances£28.05ph for travel & wait£3.95 for telephone calls & letters written(ie same as Level 1)

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Private Law – Exceptional Cases

• Calculated on basis of 3X fixed fee

• Calculated ex settlement fee

• If both children and finance apply, case only exceptional when costs reach 3X the total standard fees payable for children and finance

• Use EC-CLAIM1 for exceptional cases

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EC-CLAIM1 P1

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EC-CLAIM1 P2

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EC-CLAIM1 P3

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EC-CLAIM1 P4

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Private Law – Levels 3 & 4

• Still paid at hourly rates!

• Use “unified” rates in all courts from 1 April 2007 as now

• Covers work from issue of proceedings (except to obtain consent order in Finance) up to and including final hearing

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Public Family Law (Care)

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Care Proceedings - Scope

• Level 1 – All Public Law Family cases included• Level 2 – Care & Supervision (s31 Children Act

1989) and related proceedings only where the client is a parent or a person with parental responsibility

• Level 3 - Care & Supervision (s31 Children Act 1989) and related proceedings - eg Application lodged.

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Care Proceedings – Scope cont.

• High Costs Cases – over £25,000 – managed separately outside the scheme (as now)

• Disbursement are excluded from the scheme and payable additional to fixed fee

• Counsel’s fees are also separate and outside the fixed fee scheme

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Care Proceedings – Scope cont.

• Fees include all preparation and attendance (unless as advocate)

• Advocacy is excluded (travel and waiting also excluded)

• Fees payable at each stage

• If the matter commences at Level 3, as most do, only the Level 3 fee is paid

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Care Proceedings - Fees

• National Fees – Levels 1 & 2

• Supra regional fees – Level 3

• Variation of Level 3 fees depending on Court and number of clients

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Care Proceedings - Fees

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Care – Level 1

• Covers all Public Law Work

• Usually just for initial advice

• Controlled work

• Exceptional cases – 3X the fee using the rates from before

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Care – Level 2

• Controlled Work

• Advice and support for parents focused around liaison and negotiations with LA to resolve disputes

• Purpose (following Child Care Proceedings Review) to engage parents more with the LA

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Exceptional Levels 1 & 2

• 3X Fixed fee

• Where both 1 and 2 undertaken, exceptional case limit is 3X both levels combined

• No Panel Uplifts apply

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Care Proceedings - Fees

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Care – Level 3

• Level 3 is where proceedings are issued for Care & Supervision orders (only)

• Covers all work from issue to final hearing and any work that follows on from the final hearing

• Clients joined midway through proceedings get the full fixed fee

• Costs limitations on certificates still apply

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Care Proceedings – Scope cont.

• EPO applications not included

• Applications for SAO (s25) not included

• Applications for “contact with children in care” (s34) not included– Charged on hourly “care” rates as now

• Adoption / Placement not included (unless heard at same time as main Care Matter)

– Charged on hourly “civil” rates as now

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Level 3 - Advocacy

• Excluded from fee scheme

• Preparation for advocacy included in scheme unless done at court on day of hearing

• “Advocacy” also includes:– Travel and waiting for hearing– Attendances with client and other at court– Advocates’ Meetings

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Level 3 – Advocacy cont.

• 15% and higher enhancements will apply

• Does not include attendance at court with Counsel or other advocate

• Only one person may claim for advocacy

• Existing FGF scheme still applies for Counsel

• If Counsel used in FPC without authority – maximum fee principal still applies

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Level 3 – Exceptional Cases

• TWICE the fixed fee for exceptional cases

• Calculated on the hourly rates excluding advocacy & VAT

• No uplifts taken into consideration when calculating twice fee

• Uplifts only payable if case is exceptional

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Level 3 - Billing

Use CLS CLAIM1A form when:• Non-exceptional cases (advocacy claimed on

page 5)• Exceptional cases where costs are less than

£2500 (virtually impossible)• Exceptional cases in the FPC• Cases where “the £2500 is exceeded soley by

virtue of the claim for disbursements and/or Counsel’s fees”

• NB – Fixed fee NOT taken into consideration in the £2,500 costs limit!

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Level 3 – Billing cont.

Bill for Detailed Assessment when:

• Exceptional cases above £2,500 in the County & High Courts (ie all nearly all cases)

• Non-Exceptional cases in the County & High Courts where costs of advocacy (and Counsel’s fees & disbursements combined) exceed £2,500 (?)

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Care Proceedings - Fees

GI BBI NS Level 3 - Flowchart

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CLAIM1A - P1

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CLAIM1A - P2

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CLAIM1A - P3

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CLAIM1A - P4

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CLAIM1A - P5

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CLAIM1A - P6

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CLAIM1A - P8

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CLAIM1A - P7

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GI BBI NS Exceptional Costs Bill for Detailed Assessment

• Should be very similar to Care Bills for Detailed Assessment as of now

• Will need a revised summary to show base profit costs and enhanced profits costs in case there is a reduction to below the fixed fee threshold level

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Any Questions?!