New Guidelines for Counsel in High Cost Family Cases under the Care Case Fee Scheme

The Legal Aid Agency has recently updated the Care Case Fee Scheme (CCFS) with new guidelines for counsel when dealing with high-cost family cases. A case is considered high cost when the costs are likely to exceed £25,000.

There are two teams responsible for managing high-cost family cases. The High Cost Family (HCF) team, based in South Tyneside, handles all single and KC/2 counsel/advocate cases in private and public law family matters. On the other hand, the Exceptional and Complex Case Team (ECCT) family section, based in London, deals with all prior authority requests for KC/2 counsel cases in private and public law family matters, as well as all Court of Protection cases. The ECCT provides technical oversight and support to the HCF team.

All family cases requiring KC or 2 Counsel will need prior authority, which should be submitted as an amendment via CCMS or APP8. Requests for prior authority must address specific sections outlined in the Narrative and Guidance: Legal Aid.

Methods of costing high-cost family cases include the Care Case Fee Scheme (CCFS) for certain cases and detailed case plans for others. To submit an Interim CCFS Form for costs beyond £32,500, providers should submit the form without any supporting documentation. It is crucial to fully complete the CCFS Form to avoid unnecessary queries and delays.

Fees payable to counsel in family cases under CCFS and under a detailed case plan are set out on the government website. Counsel may also need to upload a Claim 5 document to support the case plan, which is not an actual bill on CCMS. Legal Aid has developed a FGF fees calculator to assist counsel in calculating costs equivalent to those payable under the Family Graduated Fee Scheme.

These updated guidelines aim to streamline the process of handling high-cost family cases and ensure that counsel are adequately compensated for their services. By following these new guidelines, legal professionals can navigate the complexities of high-cost family cases more efficiently and effectively.