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;
“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”
.