The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023

Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 E+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

I1 Reg. 2 in force at 10.2.2023, see reg. 1(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.

(2)

2015 c. 6

(3)

S.I. 2005/389, there are amending instruments but none are relevant.

(4)

S.I. 2005/1313 (W. 95), there are amending instruments but none are relevant.

(5)

1989 c. 10

(6)

2014 anaw 4