REFORMS TO PUBLIC FUNDING FROM OCTOBER 2007 Seminar 30/11/2007

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

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

Private Law changes

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.

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.

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)

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)

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

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

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

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

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”

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”

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

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

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

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

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

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

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

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

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)

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)

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

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

EC-CLAIM1 P1

EC-CLAIM1 P2

EC-CLAIM1 P3

EC-CLAIM1 P4

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

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

Public Family Law (Care)

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.

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.

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

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

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

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

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

National Fees – Levels 1 & 2

Supra regional fees – Level 3

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

Care Proceedings - Fees

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

Covers all Public Law Work

Usually just for initial advice

Controlled work

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

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

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

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

3X Fixed fee

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

No Panel Uplifts apply

Care Proceedings - Fees

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

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

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

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

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

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

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

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

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

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

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!

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!

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 ( ? )

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 ( ? )

Care Proceedings - Fees

Level 3 - Flowchart

CLAIM1A - P1

CLAIM1A - P2

CLAIM1A - P3

CLAIM1A - P4

CLAIM1A - P5

CLAIM1A - P6

CLAIM1A - P8

CLAIM1A - P7

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

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

Any Questions?!