Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013E+W
2.—(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013(1) are amended as follows.
(2) At the end of sub-paragraph (m) of regulation 5(1), omit “and”.
(3) After regulation 5(1)(n) insert—
“(o)legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i)the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority; and
(ii)the applicant makes or proposes to make an application to appeal to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014(2) in respect of that child;
(p)legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i)the applicant is a foster parent or an approved prospective adoptive parent of a child who is looked after by a local authority;
(ii)the applicant makes an application to the First-tier Tribunal in accordance with section 51 of the Children and Families Act 2014 in respect of that child; and
(iii)the Director has made a determination under section 10(3) of the Act;
(q)legal help in a matter described in paragraph 2 of Part 1 of Schedule 1 to the Act where—
(i)the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii)the applicant making or proposing to make an application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014; and
(iii)the young person cannot make the application themselves; and
(r)legal representation in relation to an appeal to the First-tier Tribunal (Special Educational Needs and Disability) where—
(i)the applicant was a foster parent of a young person with whom the young person is continuing to reside under a staying put arrangement;
(ii)the applicant making the application to appeal to the First-tier Tribunal is a person described in paragraphs (a), (b) or (c) of section 80(6) of the Children and Families Act 2014;
(iii)the young person cannot make an application themselves; and
(iv)the Director has made a determination under section 10(3) of the Act.”.
(4) In regulation 5(2)—
(a)in the relevant places, insert—
““approved prospective adoptive parent” means an individual who has received notification from a local authority or an adoption agency that they have decided to approve the prospective adopter as suitable to adopt a child, in accordance with the Adoption Agencies Regulations 2005(3) or the Adoption Agencies (Wales) Regulations 2005(4);”;
““child who is looked after by a local authority” has the meaning set out in section 22 of the Children Act 1989(5) and section 74 of the Social Services and Well-being (Wales) Act 2014(6);”;
““foster parent” means a local authority foster parent as defined in section 105(1) of the Children Act 1989;”;
““staying put arrangement” has the meaning in section 23CZA of the Children Act 1989;”;
““young person” has the meaning in section 83 of the Children and Families Act 2014.”;
(b)at the end of the definition of “special Children Act 1989 case” omit “and”;
(c)at the end of the definition of “TPIM proceedings” insert “; and”.
Commencement Information
I1Reg. 2 in force at 10.2.2023, see reg. 1(1)
S.I. 2013/480, as amended by S.I. 2013/753, S.I. 2014/812, S.I. 2014/2701, S.I. 2021/1423. There are other amending instruments, but none are relevant.
S.I. 2005/389, there are amending instruments but none are relevant.
S.I. 2005/1313 (W. 95), there are amending instruments but none are relevant.