Julian Aitken August 2013 @JulianAitken

With us starting (at last) to get 2011 Act cases through with Grounds of Referral, I thought a quick update on how AA works may be of assistance. I have previously uploaded flow charts re legal aid. Obviously, these are largely untested and are not SLAB approved, however, I have been road testing these and they seem to be correct. For AA though there are a few peculiarities which we need to watch. Remember Section II, para 5.26 of the new Childrens Handbook (link is
http://www.slab.org.uk/handbooks/Children's%20Hearings%20(S)%20Act %202011/wwhelp/wwhimpl/js/html/wwhelp.htm ) which makes clear that not

only are we allowed duplicate AA applications at various stages for the same client but, if we dont do that properly, we will not be paid. 2 clear issues have arisen for me. Firstly, AA for a 2nd working day hearing ends at the end of the second working day hearing (as will ABWOR cover) . That is the end of that file. An account should be submitted. You need new AA for the Grounds/8WD hearing. As an aside, remember that the 8WD hearing takes place 5WDs after the 2WD hearing due to the dogs breakfast drafting of the new Act. Secondly, once you have AA for the grounds hearing (with or without ABWOR) you need and will be granted separate AA for dealing with the file for dealing with the Grounds which have been referred to court (ie taking the information to supply to SLAB for the legal aid application, dealing with that application and doing the work while the application is pending). The AA for the grounds childrens hearing remains in place for the continued childrens hearing (ie any ICSO reviews or any disposal hearing after court is done with the grounds) so you need to use that for those hearings. This is particulalrly important if there are ICSO reviews because those will call while the case is pending before the court and essential if you have pre-approved ABWOR to attend. Any pre-approval of ABWOR runs from the date granted until a substantive decision is made. Remember to get increases. ABWOR approval without an increase to an appropriate amount is useless. There are no template increases so you need to draft your own wording. Put as simply as I can, for 1995 cases the AA which you had for the grounds childrens hearing became tied into and sat behind your grant of court childrens legal aid much as AA does for a civil certificate. This will no longer be the case.
Julian Aitken August 2013 @JulianAitken

Julian Aitken August 2013 @JulianAitken

The AA for the childrens hearing is a distinct matter from the AA for the court and the subsequent Childrens Legal Aid application for the court. This is what I sent to SLAB when they queried this with me:
The earlier LARN to which you refer has ABWOR authorised for attendance at hearings. There is an interim CSO in place and reviews will take place 3 weekly (assuming the order is renewed each time). This application is relevant to the court process and specifically applying for court legal aid re the Grounds of Referral and the work to apply for that. That is not ABWOR work. Per your handbook at 5.26 - " It is noted that a reporter can sometimes convene a hearing in respect of a child for more than one purpose. If this occurs then you will require to admit your client to separate grants of advice and assistance for each separate hearing purpose. This is because the availability of ABWOR, whether or not there is a financial and merits test in relation to that grant of ABWOR and who applies the merits test will differ depending on the hearing type and the type of applicant concerned." In this case, it seems that there are 2 separate purposes at the moment, ongoing ICSO hearings per earlier grant and court work (with preliminary AA work required) per this one.

The separate AA has now been granted. The fact that this was an ICSO case is irrelevant as the grounds hearing AA would remain live in a nonICSO case until the disposal hearing after the grounds have been dealt with. As a practical example, we can use my client MC: She qualifies financially for AA and Childrens. A CPO was taken for her 2 kids. (There was no appeal against the CPO or application to vary it). Remember that as both children are covered at every stage on the same AA or CLA application/certificate, you do not have to apply for AA/CLA per individual child. I signed her up for AA (call this AA1) for the 2WD hearing. I was satisfied that she needed a solicitor to participate effectively at the hearing. As it was a 2WD hearing, I self-granted ABWOR and applied for an increase to 400 which was granted. SLAB have subsequently back-checked my decision to self-grant ABWOR and have confirmed they agree. At the end of the 2WD hearing, I closed my file and sent it for feeing (account will be much less than the 400 cover!) I put her on new AA ( AA2) for the 8WD hearing. I applied to SLAB for ABWOR in advance of the hearing. That was granted. I sought an increase
Julian Aitken August 2013 @JulianAitken

Julian Aitken August 2013 @JulianAitken

to 400. That was granted. We attended the hearing. An ICSO (old style s.66 warrant) was granted. Grounds referred to court. We will be attending the ICSO review under that AA certificate. The ABWOR to attend granted by SLAB for the 8WD/grounds hearing remains in place as the Hearing has not made a substantive decision. Separately, I have opened a new file for the court work. This includes new AA (AA3) to do the work to apply for Childrens (court) legal aid to deal with the referred grounds. I have an increase to 200 to deal with that work and any correspondence etc while the CLA application is pending as it happens SLAB granted the CLA within 1WD. I could now submit that AA for payment (and must do so within a year of the CLA being granted) I am pretty sure a further ICSO will be granted this week when the case calls before the Hearing again. My ABWOR under AA2 as granted by SLAB will persist as this is not a substantive decision so we will attend at the 2nd (and probably 3rd) ICSO reviews while the grounds work their way through the court. That ABWOR will also cover the ultimate disposal hearing assuming grounds will be established. The one key isue is that my 400 cover may be exhausted by attending the 8WD hearing, first ICSO renewal and doing the work ancillary to that so a further increase will be necessary. With ABWOR approved, I do not see how SLAB can refuse a request for a reasonable increase. Hope this helps. Remember, these are my preliminary thoughts as we all get to grips with complex new regulations. If SLAB decides that the regulations apply differently, then they are correct. If you dont do it their way, you probably wont be paid. Julian

Julian Aitken August 2013 @JulianAitken