2008 No. 1328
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
SCHEDULE
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 1The 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
(This note is not part of the Order)