The Family Graduated Fees Scheme (FGFS) Review
Changes to the Family Graduated Fees Scheme (FGFS)
Consequential on the Introduction of the Protocol for Judicial Case Management in Public Law Children Act cases and Other Minor Revisions to the Scheme Following the Review
A Brief Guide for the Judiciary
In November 2003, the Protocol for Judicial Case Management ("the Protocol") will come into force for: all new proceedings, under Part IV of the Children Act 1989, issued on or after 1 November and for existing proceedings, transferred up from the Family Proceedings Court after that date.
The Protocol changes the court's case management approach in care cases to minimise delay. This clarification of focus introduces new types of hearings and events within a strict timetable.
This brief note outlines how counsel will be paid for Protocol work within the Family Graduated Fee Scheme (FGFS). The Legal Services Commission (LSC) are producing a more detailed information pack which will be made available to counsel in October 2003. This will include revisions to the LSC's guidance and other changes affecting FGFS.
The review of FGFS is continuing and major changes arising from the review, which are not directly related to the introduction of the Protocol, are likely to be implemented in early 2004. Further details of these changes will be published as they become available.
Protocol Work - how will it be paid?
- The Case Management
Conference (CMC): Step 4
The CMC is a function F3 hearing and will be paid as such. However, in recognition of the additional preparatory work required of counsel, an additional lump-sum payment will be paid-equal to 50% the single hearing unit fee. - The Pre Hearing Review (PHR):
Step 5
This is the directions hearing held immediately prior to the final hearing to ensure all parties are ready for the final hearing. The Protocol encourages attendance at the PHR by the advocate retained for the final hearing. Ordinarily, a PHR would be a function F3 but, in support of the Protocol, if the same advocate attends the final hearing, the PHR will be treated as the F5 Primary hearing unit. In the event that separate advocates attend each of the hearings, the PHR will be paid as an F3 as usual. - Advocates Meetings(AM) :
Prior to Steps 4 & 5
The Protocol requires the advocates to meet prior to the CMC and PHR to undertake specific preparatory work to narrow the issues prior to the hearing. If the meeting takes place prior to the day of the CMC and PHR, it will be paid as a F3 function. If it takes place on the day of the CMC, the start of the AM will be deemed to be the start of the F3 hearing unit. - Written Submissions at the
main hearing: Step 6
If the court requires written submissions on consequential orders and directions to be lodged at the conclusion of the main hearing, these will be paid as a function F5 secondary unit.
What other changes will be made to FGFS in November?
In addition to the Protocol changes there will be some additional minor revisions to the scheme following from the review.
- Changes to the scope of the
scheme
The scope of the scheme will be amended so that: cases brought under the Child Abduction Act 1985 will now be paid under category 2; and cases brought under either the Inheritance (Provision for Family & Dependants) Act 1975 or the Trusts of Land and Appointment of Trustees Act 1996 will be removed from the remit of the scheme. These will go to assessment on an ex post facto basis under the Legal Aid in Family Proceedings (Remuneration) Regulations 1991. - Payment for court
bundles
Payment for court bundles that are over 700 pages will change so that the fixed payment for bundles over 350 pages (CBP2) will always be paid. Where the preparation is substantially more than the norm, counsel may also apply for a special preparation fee. - Travel expenses
The rule on travel expenses will be relaxed and will be subject to a general test to ensure that expenses are reasonably and necessarily incurred.
How will further details be published?
If you would like to receive a copy of the fuller briefing pack or have any queries on the FGFS changes please contact Ruth Symons by email or by telephone on 020 7759 0367.
Department for Constitutional Affairs
September 2003