The Family Advocacy Scheme (FAS) is a framework designed to provide clear and structured payments for legal advocacy work within family law proceedings. This scheme encompasses payments based on time spent and per hearing, acknowledging the diverse nature of hearings with varied payment rates for different types and specific add-ons. Crucially, preparation time for advocacy is integrated into hearing fees, applicable to both in-house and self-employed advocates.
Proceedings Covered Under the Family Advocacy Scheme
The Level 4 scheme extends its coverage to advocacy in Level 3 Proceedings categories, specifically including:
- Children — Child Support Act matters
- Children — Financial proceedings (excluding Child Support Act)
- Children Act Section 8 Orders
- Specified Family Proceedings
- Other Family — Financial and Property disputes
- Divorce proceedings
- Judicial Separation cases
- Nullity proceedings
- Children — High Court Jurisdiction matters
- Children — Miscellaneous Proceedings
- Other Children Act cases
- Children Act Section 8 Orders (again, emphasizing its inclusion)
- Specified Family Proceedings (again, for clarity)
- Other Family — Injunctions
Furthermore, the Family Advocacy Scheme explicitly includes advocacy in:
- Public Law cases that are means and merits-tested
- Public Law cases that are non-means and non-merits-tested
- Adoption proceedings
Cases Excluded from the Family Advocacy Scheme
Certain types of cases fall outside the scope of the Family Advocacy Scheme. These exclusions are:
- Child abduction cases
- Appeals against final orders
- Advocacy before the Court of Appeal or Supreme Court
- Inheritance (Provision for Family and Dependants) Act 1975 applications (Inheritance Act)
- Trusts of Land and Appointment of Trustees Act 1996 cases
- Separate representation of children in specified proceedings
- Applications for forced marriage protection orders
- Defended divorce proceedings
- Nullity proceedings (again, to highlight exclusion despite earlier inclusion in general categories)
- Wardship cases
- Parental orders under the Human Fertilisation and Embryology Act
Additionally, cases classified as Very High Cost Cases under a case contract and advocacy undertaken by Queen’s Counsel are also excluded from the Family Advocacy Scheme. For certificates issued before May 2011, remuneration continues under the Unified Contract dated 1 April 2007.
Fixed Fee Structure and Payment Basis
The Family Advocacy Scheme operates as a fixed fee scheme for both public and private law advocacy. It is structured around payments for time spent rather than solely on a per-hearing basis. The scheme incorporates varied payment rates for different hearing types and a limited number of bolt-on fees. Preparation for advocacy is included within the hearing unit fees and is payable to both employed and self-employed advocates. For employed advocates, this funding is sourced from the solicitor representation budget, ensuring cost neutrality. Interim applications, such as those under s37 of the Matrimonial Causes Act 1973 and applications for maintenance pending suit, are covered within the standard fee.
Definition of Advocacy under the Scheme
For the purposes of the Family Advocacy Scheme, advocacy is broadly defined. It encompasses:
- Travel to and from court
- Waiting time at court
- Time spent actively providing advocacy in court
- Any preparation undertaken by the advocate directly related to the hearing
This comprehensive definition ensures that advocates are remunerated for all necessary aspects of their work related to court appearances.
Time Recording and Fee Structure Details
For firms monitoring time and fees, it is advisable to create a specific time type, such as “FAS Travel and Waiting,” with zero value. This allows for accurate recording of time spent on these activities without inflating case costs, ensuring precise internal tracking in line with the Family Advocacy Scheme’s structure.
The Family Advocacy Scheme is a national scheme, meaning the same fees are applicable irrespective of where the advocacy takes place or the advocate’s location. Panel uplifts are not payable under FAS. Complexity within cases is addressed through bolt-on fees, eliminating the possibility of claiming uplifts on assessment. Advocacy in the High Court attracts a 20% enhancement on the standard County Court fee. Cases involving TOLATA (Trusts of Land and Appointment of Trustees Act) and IPFDA (Inheritance (Provision for Family and Dependants) Act 1975) are specifically excluded.
Case Categories and Hearing Units
The Family Advocacy Scheme categorizes cases into five main types:
- Care and supervision proceedings
- Other public law cases
- Private law children proceedings
- Finance cases
- Domestic abuse cases
Different fees are associated with various activities within each case category. The fee structure is consistent regardless of the number or type of parties represented in a case.
Interim hearings are paid under two hearing unit structures. These units encompass preparation, travel, waiting, and time in court.
- Hearing Unit 1: For hearings lasting 60 minutes or less.
- Hearing Unit 2: For hearings exceeding 60 minutes but not more than 2.5 hours (effectively a half-day fee).
Only one Hearing Unit is payable per hearing. For hearings exceeding 2.5 hours, multiples of the Hearing Unit 2 fee are applied. Hearing time is calculated from the listed start time (or earlier if directed by the court) until advocates leave the courtroom, excluding lunch breaks.
Opinions, Conferences, and Travel
The Family Advocacy Scheme allows for a maximum of two opinions from self-employed advocates per set of proceedings, except in domestic violence cases where no opinions are permitted. Similarly, a maximum of two conferences per proceeding set are allowed, with no conference fee payable on the same day as a final hearing fee, and no conference fees in domestic abuse cases.
Travel time under 25 miles each way is included within the hearing fee. Travel expenses, such as mileage and train fares, are allowable disbursements for all advocates.
Bolt-ons and Early Resolution Fees
Bolt-on fees can be claimed for both interim and final hearings under specific circumstances. An early resolution fee is available in finance cases where settlement occurs at or before the Financial Dispute Resolution Appointment. This bolt-on is paid to the advocate who undertakes the hearing when agreement is reached on all principal points of a consent order, even if the order is formally filed later.
Interim Bills and Final Hearings
When a specific aspect of a case concludes (e.g., financial aspects in a children and finance case), current billing arrangements apply, and suppliers can claim costs for that aspect. For single-aspect, non-exceptional cases, this often represents the final bill. For ongoing or potentially exceptional cases, payments are processed as payments on account. It is important to note that only costs incurred since the last interim bill need to be submitted. Only one Final Hearing can be claimed per aspect or proceedings type. Claiming both Hearing Unit 1 and Hearing Unit 2 for the same hearing, or multiples of Hearing Unit 1, is not permitted under the Family Advocacy Scheme.
