Levels of fundingMental health case:levels of fundingMental health caseMental health case:levels of fundingMental health caseMental health case:levels of fundingMental health caseMental health case:levels of fundingMental health caseMental health case:levels of fundingMental health case
10.11The following levels of funding apply to mental health work:
•Legal Help – advice and assistance, but excluding representation before the tribunal;
•Help at Court – funding for representation for victims under the Domestic Violence, Crime and Victims Act 2004;
•Controlled Legal Representation (CLR) – representation before the tribunal;
•Legal representation (certificate) – appeals to the Upper Tribunal and representation in the higher courts, including the Court of Protection.
1Standard Civil Contract 2014 Specification para 7.3. Legal Help, Help at Court and CLR granted on the same case all form part of the same matter.
10.12Mental health work is covered by standard fees for almost all controlled (ie non-certificate) work – the sole exception being Help at Court for victims.
2Standard Civil Contract 2014 Specification para 7.85.10.13There are four fees:
3Standard Civil Contract 2014 Specification para 7.47.•the non-MHT fee, for all work that does not go to the tribunal;
•MHT fee level 1 – initial advice;
4Standard Civil Contract 2014 Specification para 7.63. •MHT fee level 2 – negotiation and preparation once an application to the MHT has been made;
5Standard Civil Contract 2014 Specification para 7.65. and
•MHT fee level 3 – representation before the MHT, and follow-up work.
6Standard Civil Contract 2014 Specification para 7.69. 10.14A fee may be claimed for each stage through which the matter passes. Any disbursements incurred are in addition to the fee, but where counsel is instructed, their fees are included in the graduated fee
7Standard Civil Contract 2014 Specification para 7.42. and it is for you to negotiate with counsel which part of the fee you will pay to counsel and which part you will keep. In cases of unusual complexity you can apply to the LAA for prior authority to pay a rate higher than that set for solicitors. This cannot be retrospective.
8Standard Civil Contract 2014 Specification para 7.43. Further fees are payable for adjourned/postponed/cancelled hearings
9Standard Civil Contract 2014 Specification para 7.70. and for travel to any hospital that the LAA has designated on their website as a remote hospital
10Standard Civil Contract 2014 Specification para 7.74. (at the time of writing, none had been designated for the 2014 contract).
10.15See chapter 13 for more on payment.
Case study
I have granted CLR to my client. I made an application to the tribunal. I prepared the case and represented him at a manager’s review, but he then decided he didn’t want to proceed to a full hearing yet. What can I claim?
All work is covered by the level 2 fee. You can claim for preparation work, and for attendance at meetings and reviews, at this level. You only go on to level 3 if there is an MHT hearing.