2008 No. 1328

Legal Services Commission, England And Wales

The Community Legal Service (Funding) (Amendment) Order 2008

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 19991. 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.

Citation, commencement and interpretation1

1

This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2008 and comes into force on 1st July 2008.

2

In this Order “the 2007 Order” means the Community Legal Service (Funding) Order 20072.

Transitional provision2

Where—

a

an application for funded services is made before 1st July 2008; or

b

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.

Amendments to the 2007 Order

3

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”.

4

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;

5

For the Schedule to the 2007 Order substitute the Schedule set out in the Schedule to this Order.

Signed by authority of the Lord Chancellor

HuntParliamentary Under Secretary of StateMinistry of Justice

SCHEDULE

Article 5

The following Schedule is substituted for the Schedule to the 2007 Order.

SCHEDULEFees 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 19893 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

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

  • Advice as to the merits of an application under section 103A of the Nationality, Immigration and Asylum Act 20024 (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

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 19965 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

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

  • 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 Act6

  • 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

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.