Legal Aid Family Fixed Fees

Dear Judge

I write in respect of payment arrangements for Private Law Family work and all advocacy payments to Solicitors and Counsel, which were introduced in May.

There are two schemes which apply to all Public Funding Certificates granted after the 9th May 2011.

Private Family Law Representation Scheme

This scheme introduced payment of Fixed Fees for most Family Legal Aid work, including Injunctions, Contact and Residence disputes, and Financial Remedies. I believe there may be an impact on the Court in that the Financial Remedies payments are particularly poor, and it is less likely that there will be practitioners undertaking this level of work, so there may be an increase in litigants in person.

There will in due course, be a reduction in the number of bills to be assessed for payment, because the Fixed Fees bills will be submitted directly to the Legal Services Commission.

Family Advocacy Scheme

As you will be aware, this scheme replaced the graduated fee scheme and is applicable to all Advocates, whether Solicitors or Barristers. For the first time, Barristers and Solicitors are fundamentally, paid the same rates, for undertaking the same work. Payments are by Fixed Fee, and the scheme introduced the concept of "bolt-ons", whereas the previous scheme recognised "SIPS" payments. All Advocates are required to have a form signed by the conducting Judge, and I attach a copy of the information sheet for judges prepared by the LSC.

The scheme applies to Care and Supervision proceedings, other Public Law cases, Private Law Children proceedings, Finance cases, and Domestic Abuse cases. Please see the table setting out the fees at appendix 1 to this letter.

The fee includes all preparation for a Hearing, travel to and waiting at Court, negotiations, and time spent in advocacy itself.

Payment is made on the basis of advocacy "units".

a) Unit 1 is for Interim Hearings lasting up to 1 hour or less

b) Unit 2 is for Hearings lasting 1 hour, but less than, or equal to 2.5 hours c) Unit 3 is for Final Hearing fees

If a Hearing exceeds 2.5 hours, multiples of Unit 2 fees will be paid, rounded up.

The calculation of the time is governed by Paragraph 7.126, of the 2010 Standard Civil Contract, Family Specification.

Payment for Interim Hearings

7.126 The fee payable under FAS for an Interim Hearing depends on its length. For this purpose the length of hearing is measured from the time that the hearing is listed at court to start (or such earlier time as the court specifically directs the advocate to attend), to the time that the hearing concludes; disregarding any period in which the court is adjourned, either for lunch or overnight. Time spent when a hearing or resumed hearing is delayed because the court is dealing with other business may however be taken into account. In the case of an Interim Hearing taking place by telephone or video link, time only runs from the time the call is made. If for an emergency hearing the court has not listed a time for the hearing or a time for the advocate to attend and the papers were only issued by the court on the day of the proposed hearing (so that the advocate must wait at court to be heard in the matter), the length of the hearing may be measured from the time that the papers were issued.

7.127 The Payment Annex specifies fees as Hearing Unit 1 and 2. The fee payable for advocacy at an Interim Hearing is as follows:

Length of Hearing Fee

Up to 1 hour Hearing Unit 1

More than 1 hour but less than 2.5 hours Hearing Unit 2

Over 2.5 hours A multiple of Hearing Unit 2 based on the total length of the hearing in hours divided by 2.5 and rounded up

Example: a complex Interim Hearing lasts five and a half hours in total, spread over two days. As the length of hearing is more than twice the basic unit of 2.5 hours, the fee payable is Hearing Unit 2 times three. Note that it is never possible to claim both Hearing Unit 1 and 2 for the same hearing or to claim multiples of Hearing Unit.

As can be seen, the clock starts running from the time that the Hearing is listed. The effect of this is that Advocates are no longer be paid to attend Court early, in order to take instructions and advise the client, negotiate with the other side, and attempt to narrow issues and reach agreement. The regulations provide for this, if the Court specifically directs the Advocates to attend earlier than the commencement time of the Hearing.

I should therefore be grateful if you would kindly consider adopting a standard approach in respect of cases, in order to ensure that Advocates attend in advance, and spend their time usefully negotiating, narrowing issues, and reaching an agreed Order for presentation to the Court. Such provision already applies in most Financial Dispute Resolution cases, and a similar approach could be adopted in respect of the First Directions Appointment, where Advocates could be requested to attend court an hour early. The time can also be used in restricting and agreeing Questionnaires, refining and agreeing Statement of Issues, negotiation on a settlement, and agreeing any proposed Order.

Similarly, in Children Act proceedings where a case is listed either for a First Directions Appointment, Conciliation, or Review Hearing, a requirement for Advocates to attend 1 hour early, will enable the time to be usefully spent with the CAFCASS Officer, negotiating and narrowing issues, and trying to reach an agreed Order. In particularly complex cases, an earlier time to attend might be appropriate.

Applications other than the above can be assessed on their merits, but it is difficult to think of any application in Family proceedings where it would not be beneficial to the administration of justice, if the Advocates and Parties did not attend at least 30 minutes before any Hearing.

I should therefore be grateful if you could give consideration to this request, and if agreed, arrange for all standard Notices in Children Act Applications, Finance Applications, and Injunction Proceedings, to be amended so that a standard clause appears in each Directions Notice, or Order.

As can be seen from the Regulations, the time for stopping the clock will be "when the Hearing concludes". Obviously, in many cases that will be where the Advocates leave the Court Room, but may be later, when an Order is drafted and later approved by a Judge. In such instances, Advocates may request that the Judge inserts the conclusion time on the form, at the same time as approving any Consent Order.

I am more than happy to forward more detailed documentation, setting out the detail of the scheme, and am willing to present an appropriately tailored version for the local judiciary, if it is felt that this would assist.

Yours sincerely Appendix 1 Public Law Advocacy Fees

Care and Supervision (excluding VAT) Court Hearing Hearing Conference Opinion fee Advocates’ Final Unit 1 Unit 2 fee meeting fee hearing fee FPC £96.35 £240.90 £141.90 £117.40 £142.40 £562.50

County £106.00 £264.95 £141.90 £117.40 £156.65 £618.75 Court

High £127.20 £317.95 £141.90 £117.40 £188.00 £742.50 Court

Other public law children (excluding VAT) Court Hearing Hearing Conference Opinion fee Advocates’ Final Unit 1 Unit 2 Fee meeting fee hearing fee

FPC £84.25 £210.65 £141.90 £117.40 £142.40 £515.90

County £92.65 £231.70 £141.90 £117.40 £156.65 £567.50 Court

High £111.20 £278.00 £141.90 £117.40 £188.00 £681.00 Court

Exceptional travel and Court bundles CB1 CB2 CB3 Travel

Interim hearing £ 66.00 £ 99.00 £35.60

Final hearing £177.00 £266.00 £354.00 £35.60

Public law bolt on fees Fee Payable for Fee payable

Client allegations of harm Hearings 25% of hearing unit fee

Client – lack of understanding Hearings 25% of hearing unit fee

Experts cross examination Hearings 25% of hearing unit fee

Exceptional travel Hearings, Advocates Meetings £35.60 and conferences Private Law Advocacy Fees

Children Court Hearing Hearing Conference Opinion Final Unit 1 Unit 2 fee fee hearing fee FPC £69.65 £174.15 £139.30 £104.50 £441.15

County Court £76.60 £191.55 £139.30 £104.50 £485.25

High Court £91.95 £229.85 £139.30 £104.50 £582.30

Finance Court Hearing Hearing Unit FDR Hearing FDR Hearing Settlement Unit 1 2 Unit 1 Unit 2 fee County £70.20 £175.50 £112.30 £280.80 £140.40 Court

High £84.25 £210.60 £134.80 £336.95 £168.50 Court

Court Conference Fee Opinion fee

County Court £140.40 £105.30

High Court £140.40 £105.30

Final hearing fees County Court £493.00

High Court £591.60

Exceptional travel and Court bundles CB1 CB2 CB3 Travel

Interim hearing £ 66.00 £ 99.00 n/a £35.60

Final hearing £177.00 £266.00 £354.00 £35.60 Private law bolt on fees Fee Payable for Fee payable Client allegations of harm Hearings 25% of hearing unit fee

Experts cross examination Hearings 20% of hearing unit fee

Exceptional travel Hearings, Advocates Meetings and £35.60 conferences

Domestic abuse Court Hearing Unit 1 Hearing Unit 2 Final hearing fee

FPC £90.55 £226.40 £401.30

County Court £90.55 £226.40 £401.30

High Court £90.55 £226.40 £401.30