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6.1This chapter deals with conducting family private law cases, that is where the issues are between private individuals rather than involving the state (in the shape of social services). There are separate chapters on the general rules that apply to all civil cases, as well as family public law, housing, immigration and mental health, as they have their own funding schemes and rules.
6.2In chapter 3, we saw that there are three key stages in providing publicly funded services: to ensure that (i) the matter is within scope, (ii) the client is financially eligible and (iii) the case meets the merits test. In addition, you need to ensure that applications are completed correctly and funding is obtained. The Lord Chancellor’s Guidance under section 4 of LASPO has a helpful section in relation to how the Act applies:
https://www.gov.uk/guidance/funding-and-costs-assessment-for-civil-and-crime-matters.
6.3This chapter explains how these steps are taken successfully in respect of family private law. Where appropriate, you will be referred back to chapter 5, as that chapter sets out the general rules.
6.4See appendices H and I for a summary of the Legal Aid Agency’s (LAA’s) Costs Assessment Guidance, in respect of the most common queries raised by caseworkers.