02.09 Family Legal Aid Funding From 2010: A Consultation

The Legal Services Commission, together with the Ministry of Justice ( MoJ) have launched a joint consultation on Family Legal Aid Funding from 2010.

The consultation focuses on the introduction of the following two new payment schemes:

• Private Family Law Representation Scheme: which covers family private Certificated Work (levels 3 & 4), from the issuing of proceedings until the end of the final hearing. This would replace the current hourly rate system.
• Family Advocacy Fee Scheme: which covers advocacy for both public and private family cases. We plan to bring solicitors’ advocacy (currently paid on hourly rates) and barristers’ fees (currently paid through the Family Graduated Fee Scheme) into a single graduated fee scheme. This would pay the same fee for advocacy, regardless of who undertakes it.

Also included in the consultation are proposals on:

• Changes to payments for experts and independent social workers.
• Removing some disbursements from the scope of public funding.

The consultation paper and other relevant information can be viewed here directly from the LSC website.

The consultation closes on 18th March 2009.