Statutory Instruments
2008 No. 1328
Legal Services Commission, England And Wales
The Community Legal Service (Funding) (Amendment) Order 2008
Made
20th May 2008
Laid before Parliament
20th May 2008
Coming into force
1st July 2008
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 6(4) of the Access to Justice Act 1999( 1 ). 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 interpretation
1. —(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 2007( 2 ).
Transitional provision
2. 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
Hunt
Parliamentary Under Secretary of State
Ministry of Justice
20th May 2008
Article 5
SCHEDULE
The following Schedule is substituted for the Schedule to the 2007 Order.
“ SCHEDULE Fees 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 1989 ( 3 ) 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 |
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 1996 ( 5 ) 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 |
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 ” |
1999 c.22 . The powers were transferred to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 ( S.I. 2003/1887 ) and transferred back to the Lord Chancellor by the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 ( S.I. 2005/3429 ).
2002 c. 41 . Sections 103A, 103B and 103E were inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (c. 19) .
Section 103D was inserted by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) .