Page 27 - PIC-Magazine-Issue23-Autumn-Winter-24

STEERING THROUGH SCOPE
Stay Under The Limit!
The costs limitation includes all costs, disbursements and Counsel’s fees, excluding VAT. It is only the final costs limit
that counts. The LAA may agree to increase the costs limitation after proceedings have concluded, if the certificate is live and
an increase to the costs limitation can be justified due to reasons outside the provider’s control.
Handy Tips:
Ensure the costs limit includes any enhancement to be claimed.
Include a buffer for potential time omitted from the ledger, in error.
Include provision for the costs of preparing the bill/ claim and checking time.
Check the hourly rate utilised on the ledger is correct. Ensure any FAS fees are accounted for.
Keep an up to date record of Counsels’ fees. Keep a disbursements schedule.
Get A Head Start!
In private family law matters apply to amend a level 3 certificate to level 4 as soon as it is clear the matter will proceed to a contested final hearing. The scope amendment will need to be in place to cover any preparation work in relation to the final hearing, not just the hearing date itself.
This does not mean that all work conducted prior to the scope amendment would be considered out of scope, but it will be for the caseworker to assess what is recoverable.
Appeals
In family proceedings, no scope amendment is required for an appeal against an interim order. However, a scope amendment IS required for an appeal against a final order.
In care proceedings, a new certificate is required for an appeal against the final order, as a s.31 care certificate cannot be amended for a final appeal.
No Time To Waste!
In care proceedings, Local Authority placement applications are NOT covered by the standard Section 31 scope.
Attendance at any hearing where care remains a live issue alongside placement is recoverable, but without a scope amendment time spent solely in relation to the placement application will be out of scope.
Keep An Eye Out For...
The following applications, issued by Respondents, within care proceedings are NOT automatically covered by the standard Section 31 scope and therefore require an amendment:
Prohibited Steps Order.
Specific Issue Order.
Applications for Parental Responsibility. Child Arrangement Order.
Special Guardianship Order.
Leave to Change Surname.
Mind The Gap!
To avoid funding gaps:
EFFECTIVE DATE OF LEGAL AID
For substantive certificates issued on/after 13/10/2015, work undertaken during any gap between the expiry of the emergency and the issue of the substantive, is claimable provided the substantive certificate with the correct scope is granted as the substantive certificate scope applies retrospectively from the date of the emergency.
Any work undertaken outside the emergency certificate scope is at risk until a substantive certificate is issued to cover the work.
CERTIFICATE AMENDMENTS
Unlike costs limit increases, scope amendments only apply from the date granted. If urgent work is required, when submitting the scope amendment, ensure you ask the LAA to backdate the amendment and justify the reasons.
Avoid The Dol'Drums
When care proceedings are ongoing and a deprivation of liberty (DOL) application is made, the table on pages 68-69 of the Electronic Handbook assists to determine whether an amendment is required or a new certificate be obtained. Following the correct approach can avoid billing delays:
All DOL hearings are listed to be heard at the same time as the care proceedings.
No DOL hearings are listed to be heard at the same time as care proceedings.
The first DOL hearing is listed separately from the care proceedings, but at least one later DOL hearing is heard together with care.
The first DOL hearing is listed to be heard at the same time as the care proceedings, but at least one later DOL hearing is heard separately.
AMEND THE CARE CERTIFICATE
A NEW CERTIFICATE IS REQUIRED
A NEW CERTIFICATE MAY BE GRANTED
AN AMENDMENT TO THE CARE CERTIFICATE MAY BE APPROPRIATE
Can Funding Go Back in Time?
Don’t worry, all may not be lost if applying for a scope amendment was delayed. If it should have been
clear to the caseworker considering the amendment application, that backdating was required, you may be able to persuade the LAA to backdate the amendment retrospectively, via a case query.
The LAA’s backdating guidance can be found
at https://assets.publishing.service.gov.uk/ media/621e11ac8fa8f5490bcfa26b/Backdating_ Guidance_-_Regulation_35_CLA__Procedure__ Regulations_2012_-_Feb_2022.pdf
www.pic.legal Autumn & Winter 2024
PARTNERS IN COSTS
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