Amendments to the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 20132.

(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”.