The Community Legal Service (Funding) (Amendment) Order 2008
S.I. 2008/1328 · Made 20 May 2008
Legal Services Commission, England And Wales
Made 20th May 2008
Laid before Parliament 20th May 2008
Coming into force 1st July 2008
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 1999f1. He has consulted the General Council of the Bar and the Law Society in accordance with section 25(2) of that Act and has had regard to the matters specified in section 25(3) of that Act.
Annotations to the whole text
Footnotes
- f1
-
1999 c.22. The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429).
Contents
- 1Citation, commencement and interpretation
- 2Transitional provision
- 3Amendments to the 2007 Order
- 4Amendments to the 2007 Order
- 5Amendments to the 2007 Order
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2008 and comes into force on 1st July 2008.
In this Order “the 2007 Order” means the Community Legal Service (Funding) Order 2007f1.
2Transitional provision
Where—
an application for funded services is made before 1st July 2008; or
a client is in receipt of Legal Help before 1st July 2008 and the funded services are extended on or after that date to include Help at Court or Legal Representation,
the 2007 Order shall continue to have effect as if this Order had not been made.
3Amendments to the 2007 Order
In article 3(1) of the 2007 Order, in the definition of “Unified Contract”, for “the contract document, the schedule” substitute “the contract for signature, the schedules”.
4Amendments to the 2007 Order
For article 5(1)(a) of the 2007 Order substitute—
“(a)after competitive tendering has taken place (whether or not as to price) and under which funded services specified in the contract (including services provided at a specified place or on behalf of a specified type of client) may be provided only by the successful tenderers;”.
5Amendments to the 2007 Order
For the Schedule to the 2007 Order substitute the Schedule set out in the Schedule to this Order.
Signature
Signed by authority of the Lord Chancellor
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
20th May 2008
The following Schedule is substituted for the Schedule to the 2007 Order.
“SCHEDULE
Fees and Hourly Rates
Words and expressions used in this Schedule have the same meaning as in the Unified Contract. The fees and rates in this Schedule are exclusive of value added tax.
Part 1 - Civil Standard and Graduated Fees
1 - Legal Help and Help at Court
Table 1
The fees in this Table for Housing do not apply for the Housing Possession Duty Scheme – see Table 6.
Category Under Specialist Quality Mark Fixed fee Under Specialist Quality Mark Exceptional Thresholds Tolerance Fixed Fee Tolerance Exceptional Thresholds Actions against the Police £266 £798 £154 £462 Clinical Negligence £217 £651 £- £- Community Care £296 £888 £179 £537 Consumer General Contract £177 £531 £149 £447 Debt £200 £600 £123 £369 Education £302 £906 £152 £456 Employment £230 £690 £150 £450 Housing £174 £522 £138 £414 Miscellaneous £88 £264 £- £- Personal Injury £208 £624 £- £- Public Law £288 £864 £207 £621 Welfare Benefits £167 £501 £136 £408 2 - Family Public Law
Table 2 (a) Legal Help
National £147 Table 2(b) Family Help (Lower) – section 31 Children Act 1989f1 Care Proceedings only
National £405 Table 2(c) Legal Representation - section 31 Children Act 1989 Care Proceedings only
Party Court Number of Clients Midlands North London and South Wales Child Other 1 £2,405 £1,972 £2,761 £2,695 Child Other 2+ £3,608 £2,958 £4,142 £4,043 Child High 1 £3,199 £2,623 £3,672 £3,584 Child High 2+ £4,799 £3,935 £5,508 £5,376 Joined Party Other - £1,276 £986 £1,482 £1,606 Joined Party High - £1,697 £1,311 £1,971 £2,136 Parent Other 1 £3,156 £2,621 £3,589 £3,250 Parent Other 2 £3,945 £3,276 £4,486 £4,063 Parent High 1 £4,197 £3,486 £4,773 £4,323 Parent High 2 £5,246 £4,358 £5,966 £5,404 3 - Family Private Law
Table 3 (a) Legal Help
National £96 Table 3 (b) Legal Help - Divorce Petition only
National £162 Table 3 (c) Family Help (Lower) - Children
Fee Settlement Fee London £256 £153 Non-London £221 £132 Table 3 (d) Family Help (Lower) - Finance
Fee Settlement Fee London £268 £161 Non-London £231 £139 4 - Immigration and Asylum
Table 4 (a) Immigration and asylum scheme graduated fees
Stage 1 (Legal Help) Stage 2a (CLR) Stage 2b (CLR) Asylum Graduated Fee £459 £252 £630 Immigration Graduated Fee £260 £252 £504 Table 4 (b) Additional payment for immigration and asylum cases
Activity Additional Payment Representation at the Home Office interview (asylum and immigration cases within scope) £296 Representation at oral Case Management Review Hearing £184 Representation at telephone Case Management Review Hearing £100 Representation at substantive Asylum and Immigration Tribunal hearing £336 Asylum, £263 Immigration Additional hearing: part heard or re- list £179 Asylum, £179 Immigration All disbursements (interpreters and translators, expert reports, travel expenses) Separate payment outside Graduated Fee Scheme, subject to cost thresholds 5 - Mental Health
Table 5 (a) Basic Fees
Basic Fees Non-Mental Health Review Tribunal £281 Level 1 (MHRT) £143 Level 2 (MHRT) £357 Level 3 (MHRT) £327 Table 5 (b) Additional Fees
Additional Fees Adjourned Hearing Fee £130 Remote Travel payment Level 1 (Mental Health Review Tribunal) £77 Remote Travel payment Non-MHRT, Level 2 (MHRT), Level 3 (MHRT) £153 6 - Housing Possession Duty Scheme
Table 6: Standard Fee
London £84 Non-London £79.50 Part 2 - Hourly Rates – Controlled Work
7 - Legal Help, Help at Court and Family Help (Lower)
Table 7 (a) Immigration matters falling outside the graduated fee scheme as exceptional cases, Mental Health, Actions against the Police etc, Public Law, Education and Community Care
Activity London Rate Non-London Rate Preparation, attendance and advocacy £58.50 per hour £53.60 per hour Travel and waiting time £30.90 per hour £30.00 per hour Routine letters out and telephone calls £4.50 per item £4.20 per item Table 7 (b) All other Immigration matters, as listed after this Table
Activity London Rate Non-London Rate
Advice as to the merits of an application under section 103A of the Nationality, Immigration and Asylum Act 2002f2 (where advice has not been received under stage 2 of the graduated fee scheme) or as to an appeal under section 103B or 103E of that Act
Advice in relation to asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007
Advice in relation to fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date
Bail applications
Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification
Advice and applications for a certificate of licensed work, including compliance with the pre-action protocol for judicial review
Initial advice in relation to an asylum application prior to attendance at the Asylum Screening Unit where the supplier then ceases to be instructed
Advice to unaccompanied children seeking asylum
Advice at advice surgeries at detention centres
Preparation, attendance and advocacy £57.35 per hour £52.55 per hour Travel and waiting time £30.30 per hour £29.45 per hour Routine letters out and telephone calls £4.40 per item £4.10 per item Table 7 (c) Family and Housing (except as in Table 7 (d)) and Employment
Activity London Rate Non-London Rate Preparation, attendance and advocacy £54.15 per hour £51.05 per hour Travel and waiting time £28.60 per hour £28.60 per hour Routine letters out and telephone calls £4.20 per item £4.05 per item Table 7 (d): Legal Help or Help at Court provided in relation to a review under section 202 of the Housing Act 1996f3 and to a defendant to a possession claim in the county court; Family Help (Lower) and related Legal Help in relation to care proceedings under section 31 of the Children Act 1989
Activity London Rate Non-London Rate Preparation, attendance and advocacy £62.40 per hour £58.40 per hour Travel and waiting time £30.90 per hour £30.05 per hour Routine letters out and telephone calls £4.50 per item £4.20 per item Table 7 (e): All other categories and all tolerance work
Activity London Rate Non-London Rate Preparation, attendance and advocacy £51.70 per hour £48.75 per hour Travel and waiting time £27.35 per hour £27.35 per hour Routine letters out and telephone calls £4.00 per item £3.85 per item 8 - Controlled Legal Representation
Table 8 (a): Immigration – those matters listed after this Table
Activity London Rate Non-London Rate
Asylum applications (including New Asylum Model or legacy cases) made to the Home Office before 1st October 2007
Fresh asylum applications made to the Home Office on or after 1st October 2007, where a previous application was made before that date
Applications under section 103A of the Nationality, Immigration and Asylum Act 2002 which are not subject to an order under section 103D of that Actf4
Bail applications
Advice in relation to the completion of forms where a question of law arises, where permitted under the immigration section of the Unified Contract civil specification
Representation of unaccompanied children seeking asylum
Preparation and attendance £61.20 per hour £57.25 per hour Travel and waiting time £30.30 per hour £29.45 per hour Routine letters out and telephone calls £4.40 per item £4.10 per item Advocacy £69.60 per hour £69.60 per hour Table 8 (b): Immigration – applications under section 103A Nationality, Immigration and Asylum Act 2002 where an order under section 103D has been granted
Activity London Rate Non-London Rate Preparation and attendance £82.62 per hour £77.29 per hour Travel and waiting time £40.91 per hour £39.76 per hour Routine letters out and telephone calls £5.94 per item £5.54 per item Advocacy £93.96 per hour £93.96 per hour Table 8 (c): Immigration – matters falling outside the graduated fee scheme as exceptional cases
Activity London Rate Non-London Rate Preparation and attendance £64.25 per hour £60.10 per hour Travel and waiting time £31.80 per hour £30.90 per hour Routine letters out and telephone calls £4.60 per item £4.30 per item Advocacy £73.10 per hour £73.10 per hour Table 8 (d): Representation at Mental Health Review Tribunal
Activity London Rate Non London Rate Preparation and attendance £64.25 per hour £60.10 per hour Travel and waiting time £31.80 per hour £30.90 per hour Letters and telephone calls £4.60 per item £4.30 per item Advocacy £73.10 per hour £73.10 per hour Attending tribunal with counsel £34.20 per hour £34.20 per hour Part 3 - Hourly Rates – Licensed Work
9 - Family Prescribed Rates
Table 9 (a): Care Proceedings
Activity Higher Courts County court and magistrates’ court Writing routine letters £4.70 per item £4.10 per item Receiving routine letters £2.35 per hour £2.05 per item Routine telephone calls £4.70 per item £4.10 per item Preparation and attendance £77.85 per hour (London Rate)
£73.15 per hour (Non-London Rate)
£68.20 per hour (London Rate)
£64.90 per hour (Non-London Rate)
Attending at court or conference with counsel £41.25 per hour £36.30 per hour Advocacy £77.85 per hour (London Rate)
£73.15 per hour (Non-London Rate)
£71.50 per hour Travelling and waiting time £35.75 per hour £32.45 per hour Table 9 (b): Other Family Proceedings
Activity Higher Courts County court and magistrates’ court Writing routine letters £7.05 per item £6.00 per item Receiving routine letters £3.50 per hour £3.00 per item Routine telephone calls £7.05 per item £6.00 per item Preparation and attendance £78.40 per hour (London Rate)
£73.05 per hour (Non-London Rate)
£66.00 per hour (London Rate)
£61.00 per hour (Non-London Rate)
Attending at court or conference with counsel £41.25 per hour £36.00 per hour Advocacy £78.40 per hour (London Rate)
£73.05 per hour (Non-London Rate)
£66.00 per hour (London Rate)
£63.00 per hour (Non-London Rate)
Travelling and waiting time £35.75 per hour £32.00 per hour (London Rate)
£31.00 per hour (Non-London Rate)
10 - Non Family Prescribed Rates
Table 10 (a): Higher Courts, county courts and magistrates’ courts for work carried out within a Specialist Quality Mark Category
Activity Higher Courts County court and magistrates’ court Writing routine letters £7.50 per item £6.60 per item Routine telephone calls £4.15 per hour £3.65 per item Preparation and attendance £79.50 per hour (London Rate)
£75.00 per hour (Non-London Rate)
£70.00 per hour (London Rate)
£66.00 per hour (Non-London Rate)
Attending at court or conference with counsel £37.00 per hour £32.50 per hour Advocacy £75.00 per hour £66.00 per hour Travelling and waiting time £33.25 per hour £29.20 per hour Table 10 (b): Higher Courts, county court and magistrates’ court for work not carried out within a Specialist Quality Mark Category
Activity Higher Courts County court and magistrates’ court Writing routine letters £7.40 per item £6.50 per item Routine telephone calls £4.10 per hour £3.60 per item Preparation and attendance £78.50 per hour (London Rate)
£74.00 per hour (Non-London Rate)
£69.00 per hour (London Rate)
£65.00 per hour (Non-London Rate)
Attending at court or conference with counsel £36.40 per hour £32.00 per hour Advocacy £74.00 per hour £65.00 per hour Travelling and waiting time £32.70 per hour £28.75 per hour Table 10 (c) Other Tribunals
Activity London Rate Non-London Rate Preparation and attendance £61.20 per hour £57.25 per hour Routine letters out and telephone calls £4.40 per item £4.10 per item Advocacy £69.60 per hour £69.60 per hour Attending tribunal or conference with counsel £32.55 per hour £32.55 per hour Travelling and waiting time £30.30 per hour £29.45 per hour Part 4 - Family Mediation Fees
11- Family Mediation
Table 11 (a): Willingness Test
Willingness Test £25 Table 11 (b): Assessment Meetings
Activity Assessment alone £87 Assessment separate £87 Assessment together £130 Table 11 (c): Mediation Fees
Category of Work Single Session Multi Session Agreed Proposal All Issues Mediation Sole £168 £756 £252 All Issues Mediation Co- £230 £1,064 £252 Property and Finance Sole £168 £588 £189 Property and Finance Co- £230 £834 £189 Child Sole £168 £462 £126 Child Co- £230 £647 £126 ”
Explanatory note
(This note is not part of the Order)
This Order amends the Community Legal Service (Funding) Order 2007, which imposes conditions on the funding of services as part of the Community Legal Service, by limiting the powers of the Legal Services Commission to pay remuneration under contract for the provision of funded services. Article 5 of this Order substitutes a new Schedule containing revised fees and rates payable for funded services for matters begun on or after 1st July 2008. Most of the fees and rates have been increased; the others remain the same. Article 4 excludes from the application of the Schedule certain contracts which are the subject of competitive tendering. Article 3 corrects the definition of “Unified Contract”.
An impact assessment for this instrument has been prepared and is available from Civil Legal Aid Strategy Division, Ministry of Justice, 54 Victoria Street, London SW1E 6QW. It is also annexed to the explanatory memorandum for this instrument, which is available at http://www.opsi.gov.uk.