LSC changes October 2007~The Legal Services Commission have announced significant changes to the following fee schemes which will take effect from October 2007. These changes are in accordance with the reform programme which originated with the report of Lord Carter. The following descriptions have been provided by the LSC and provide a simple overview of the extent of these changes.
FamilyFamily Help Graduated Fee SchemeFrom October 2007 the LSC will implement a standard fee scheme for private family work called Family Help - Private. The model will consist of two levels of graduated fees, defined by where a case finishes and the nature of the work. These fees will apply to all matter types i.e. children and/or financial. The scheme will involve an exceptional case threshold which will be carried out (subject to exceptions and exclusions) where advice has been provided at levels 1 &2. Family help fee structure for Level 1 (national) and 2 (London/non London) will be set at a national level, while the fees at Level 3 are at regional levels based on five geographic regions using existing LSC offices.
Family Care ProceedingsFrom October 2007 the LSC will implement a graduated fee structure for care proceedings with 3 levels. Level 1 will be Legal Help, Level 2 (Family Help - Lower) will be an intermediate level of service to encourage the provision of pre-proceedings advice, in accordance with the Review of the Child Care Proceedings System, in an attempt to resolve matters without recourse to the court where appropriate, or to narrow the issues in dispute in proceedings as a minimum.
Levels 1 and 2 will be funded as Controlled Work. Level 3 is Legal Representation and will be funded as Licensed Work.
Immigration and AsylumA graduated Fee is being introduced for the majority of Immigration and asylum cases from October 2007. Graduated fees will apply to all asylum and immigration cases lodged with the Home Office from 1 October 2007.
The graduated fee scheme will consist of two stages:
- Legal Help - advice and assistance in relation to immigration, nationality, asylum, deportation or terms of entry to stay in the United Kingdom; and
- Controlled Legal Representation (CLR) - preparation and advocacy in relation to proceedings before the AIT.
There will be a single fee for work done under Legal Help in connection with the initial application. At the appeal stage providers will make the decision to grant CLR and then claim one fee for a case that concludes before the substantive hearing or a different, higher fee if representation is also provided at the substantive hearing. Some additional services may also have been provided. These are priced at a fixed fee per service exclusive of VAT.
CivilTailored Fixed Fees will be replaced from 1st October 2007 by the TFF Replacement Scheme for all civil categories of controlled work, with the exception of Mental Health, Immigration & Asylum, Family - Private Law and Family - Public Law (see above). This will replace a scheme where individual suppliers were paid a fixed fee based upon their historical claims with a national fixed fee for all suppliers. TFF Replacement will apply only to Profit Costs and Counsel, with Disbursements being paid as claimed. Fees will be paid on a national basis for all provider types.
CrimePolice Station Fixed FeesFixed fees will be introduced for legal aid work in the Police Station from 1st October 2007, helping the market to prepare and re-structure in advance of the rollout of best value tendering for quality assured services from October 2008. They will cover all work undertaken on cases, including travel and waiting, although disbursements will continue to be paid separately. The new fees are based on local areas that will ensure that fees are sensitive to local factors such as traveling time, mix of cases and local practices. The fixed fee is based solely on the scheme location of the attendance. There will be provision for exceptional cases.
All Disciplines- LSC Online will receive submissions for September 2007 and then be switched-off on 21st October 2007.
- SMS will handle all submissions from October 2007 onwards
- All cases reported from October onwards will have new reporting standards. This means significant changes to the information being collected and reported on the CDS6 and Consolidated Matter Report Form.
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