Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013I12

1

The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 20132 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 20143 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 20054 or the Adoption Agencies (Wales) Regulations 20055;

“child who is looked after by a local authority” has the meaning set out in section 22 of the Children Act 19896 and section 74 of the Social Services and Well-being (Wales) Act 20147;

“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”.