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16.9The Family Advocacy Scheme (FAS) applies to cases where the certificate was granted following an application made on or after 9 May 2011. The provisions of the scheme are set out in the Civil Legal Aid (Remuneration) Regulations 2013 Sch 3
1As amended by the Civil Legal Aid (Remuneration) (Amendment) (No 2) Regulations 2014 and the Civil Legal Aid (Remuneration) (Amendment) (No 4) Regulations 2014, which amended the scheme to fit with the new single family court. and in section 7 of the 2013 Standard Civil Contract Specification.
Scope of the FAS
16.10The fees apply to most advocacy, and the majority of fees can be claimed equally by solicitors or counsel, although the fees for providing opinions or advising in conference can only be claimed by counsel. The scheme uses the term ‘advocate’ when any advocate can claim a payment and ‘counsel’, when only the latter (or a self-employed solicitor or CILEx equivalent) can claim:
16.11Solicitors claim payment from the LAA in the usual way, and if you instruct a solicitor advocate freelancer or from another firm, they act as an agent and you are responsible for their fees. Counsel claim fees from the LAA direct.
3Standard Civil Contract 2013 Specification para 7.109.16.12The advocacy fee includes all preparation for a hearing, travel to and waiting at court and time spent in advocacy itself. The advocacy fee can only be claimed by the legal representative providing advocacy at a hearing. If a solicitor’s representative attends with an advocate, he or she cannot also claim the fee.
16.13Some types of advocacy are paid under hourly rates because they do not fall under the FAS scheme:
4Standard Civil Contract 2013 Specification para 7.101.Proceedings excluded from the FAS:
5Standard Civil Contract 2013 Specification para 7.109.(a)Child Abduction Proceedings;
(b)proceedings under the Inheritance (Provision for Family and Dependants) Act 1975;
(c)proceedings under the Trusts of Land and Appointment of Trustees Act 1996;
(d)proceedings in which you provide separate representation of a Child in proceedings which are neither Specified Proceedings (as defined in section 41(6) of the Children Act 1989) nor proceedings which are being heard together with Specified Proceedings;
(e)applications for Forced Marriage Protection Orders under the Forced Marriage (Civil Protection) Act 2007;
(f)defended proceedings for divorce, judicial separation, dissolution of a civil partnership or for the legal separation of civil partners;
(g)nullity proceedings (including proceedings for annulment of a civil partnership);
(h)proceedings under the inherent jurisdiction of the High Court in relation to the children;
(i)applications for Parental Orders under the Human Fertilisation and Embryology Act 2008;
(j)applications in relation to female genital mutilation protection orders under the Female Genital Mutilation Act 2003.
16.14The following are also excluded;
•advocacy in relation to final appeals;
•advocacy provided under a high costs case contract;
6But note that in public law cases the LAA will often contract based on the ‘events model’ rather than at hourly rates and has, in some cases, contracted based on FAS. •advocacy by QCs;
•advocacy before the Court of Appeal or Supreme Court.
16.15The scheme is split into five categories of case:
•care and supervision proceedings, including applications made within such proceedings or related proceedings;
•other public law cases;
•private law children proceedings;
•finance cases;
•domestic abuse cases.
Escape fee cases
16.16There are no escape fee cases or uplifts payable under the FAS. This is because the payments are based on time periods.
Mixed categories
16.17Where work covers more than one of the categories above within a single set of proceedings, the advocate can choose which fee to claim:
7Civil legal aid cost assessment guidance appendix 2 para 12.2.•In family cases, the certificate will often either be issued to cover a number of proceedings or be subsequently amended to add or substitute proceedings during the life of the certificate.
•When the continuing proceedings fall within more than one category, an advocate must, for the purpose of payment under the FAS, choose under which single category they would wish to be paid for all the Advocacy Services performed when making a claim for payment. Usually, an advocate will claim at the category that pays the highest rate. For example, in a residence/contact application that subsequently involves allegations of abuse to a degree that the local authority issues care proceedings, at the point at which a new certificate is issued, an advocate can claim all future work (including issues as to contact) at the higher care proceedings rate.
8Civil legal aid cost assessment guidance appendix 2 para 12.2. •Where an Advocacy Service includes work from two categories but it falls within a single set of proceedings only one fee will be paid eg if a single hearing covers both private law children and financial issues then only one hearing fee will be payable and the advocate can choose which hearing fee to claim.
Hearing fees
16.18Fees vary according to whether a hearing is interim or final:
9Standard Civil Contract 2013 Specification para 7.129.Interim and Final Hearings
7.129 A Final Hearing is any hearing which the court has listed for the purpose of making a final determination, either of the whole case or of all issues relating to an Aspect of the case (Domestic Abuse, Children or Finance). Subject to paragraph 7.130, there can only be one Final Hearing per Aspect and a hearing listed only to determine particular facts or issues is not a Final Hearing. A hearing listed with a view to the issues being dealt with under a consent order, or which is otherwise not expected to be effective or contested, is not a Final Hearing. Any hearing which is not a Final Hearing is an Interim Hearing.
7.130 The following hearings are also deemed to be Final Hearings for the purposes of the FAS only:
(a)In Public Law proceedings, if a case is concluded at an Issues Resolution Hearing and therefore does not proceed further, the Issues Resolution Hearing will be treated as a Final Hearing;
(b)Subject to Paragraph 7.129, in Private Law Children proceedings, a hearing listed for the purpose of findings of fact pursuant to the Practice Direction: Residence and Contact Orders: Domestic Violence and Harm issued by the President of the Family Division on 14 January 2009.
7.131 If a Final Hearing is listed for a split hearing in a Public Law matter with certain issues being heard and/or determined in advance of other issues, this must be claimed as a Final Hearing, rather than as an Interim Hearing plus a Final Hearing.
7.132 It is possible for more than one Final Hearing fee to be claimed under a single certificate. In particular this can occur where a Final Hearing has taken place but subsequent enforcement proceedings are listed at first instance. Provided the enforcement issues are listed to be finally determined at the further hearing, an additional Final Hearing fee may be justified.
Interim hearing units
16.19The fee payable depends on the length of the hearing. There are two interim hearing units:
•hearing unit 1: one hour or less;
•hearing unit 2: more than one hour but less than 2.5 hours.
If a hearing exceeds 2.5 hours, multiples of unit 2 fees will be paid (rounded up – for example, 2 unit 2 fees will be paid for a hearing that lasts 4 hours). You cannot claim multiples of hearing unit 1, or claim both unit 1 and unit 2 for the same hearing.
16.20The applicable hearing time is the time at which the hearing is listed to start (unless the court specifically directs the advocate to attend earlier) until the time the hearing concludes:
10Standard Civil Contract 2013 Specification para 7.133.7.133 The fee payable under FAS for an Interim Hearing depends on its length. For this purpose the length of hearing is measured from the time that the hearing is listed at court to start (or such earlier time as the court specifically directs the advocate to attend) to the time that the hearing concludes, disregarding any period in which the court is adjourned overnight or for a lunch break. Time spent when a hearing or resumed hearing is delayed because the court is dealing with other business may however be taken into account. In the case of an Interim Hearing taking place by telephone or video link, time only runs from the time the call is made. If for an emergency hearing the court has not listed a time for the hearing or a time for the advocate to attend and the papers were only issued by the court on the day of the proposed hearing (so that the advocate must wait at court to be heard in the matter), the length of hearing may be measured from the time that the papers were issued.’
16.21Hearing unit fees include all preparation for the hearing, travel to court (but see bolt-ons below), waiting and advocacy.
16.22There is additional guidance in relation to interim hearings:
11Civil legal aid cost assessment guidance appendix 2.14.6 … Where for an emergency hearing the court has not listed a time for the hearing and the papers are only issued by the court on the day of the proposed hearing so that the advocate must wait at court to be heard the length of the hearing will be measured from the time that the papers were issued. If the application is issued and the hearing is then not heard until the next day the hearing time for that day will end when the advocate is informed of this and will start again at the time that they are told to attend for the following day.
14.7 Where a court directs a party to adjourn for further discussions at court then that time will be included in the calculation of the interim hearing fee
14.8 A hearing may take place by any method directed by the court eg by either video or telephone conference without attendance at court. If the court directs an alternative method of hearing then the advocate will receive the appropriate fee as if the hearing had taken place at court. However, in these cases the hearing time will start from the time that the telephone call/video conference is first attempted rather than the time that the hearing was listed. Bolt-ons may be claimed for telephone/video hearings if appropriate although due to the nature of these hearings bolt-ons are less likely to be applicable. It is unlikely, for example, that the criteria for the expert bolt-on would be met. As there will be no Advocates Attendance Form detailed notes of the hearing will need to be recorded and the claim justified on the CLAIM 1A or CLAIM 5A.
14.9 Where a case is resolved at an Issues Resolution Hearing held under the Public Law Outline (PLO) and no further hearings take place then this hearing will be paid as a final hearing.
14.10 In Private Law Children cases where a ‘finding of fact hearing’ is held in accordance with the Practice Direction 12J of the Family Procedure Rules 2010: Residence and Contact Orders: Domestic Violence and Harm, it will be paid as a final hearing.
Final hearings
16.23Final hearings are paid under daily rates. A full daily fee is payable, regardless of the length of the hearing on that day.
12Standard Civil Contract 2013 Specification para 7.135.16.24Finding of fact hearings will be paid for as final hearings. Issues Resolution hearings in public law cases will be paid for as final hearings (if the case concludes at that hearing).
13Standard Civil Contract 2013 Specification para 7.130.16.25There is some additional guidance in relation to final hearings:
14Civil legal aid cost assessment guidance appendix 2.14.11 In care proceedings, the main hearing would be the hearing at which the court determines whether or not a section 31 order is made. If a final hearing is listed for a split hearing with certain issues being heard and/or determined in advance of other issues (for example, findings of fact and/or threshold criteria), this must be claimed as a final hearing rather than an interim hearing plus a final hearing. In ancillary relief proceedings, it is likely to be the hearing at which the court determines the form of relief entitlement and in family injunctions, the on notice hearing which will determine the form and continuation of the without notice injunction order made. The definition includes all preparation or incidental work relating to the hearing including preparation, travel to court and waiting at court as well as the advocacy within the hearing itself.
16.26See also Civil legal aid cost assessment guidance appendix 2:
15.9 A directions hearing that concludes the case does not make the hearing a ‘final hearing’.
15.10 On the making of an order the court may decide to review the position after an interval of some months. That subsequent review is not a continuation of the final hearing but an interim hearing. The court may make further directions, continue or vary the order. None of these circumstances turn that later hearing into either the continuation of the final hearing or a new final hearing.
15.11 It is possible in certain circumstances for more than one final hearing fee to be paid in a case. In particular this can occur where a final hearing has taken place but subsequent enforcement proceedings are issued which are required to be finally determined or where an earlier fact finding hearing has taken place.
Cancelled hearings
16.27Only counsel may claim a fee for cancelled hearings. Counsel must have done at least 30 minutes’ preparation in order to claim a hearing unit 1 fee (for interim hearings) or half a final hearing fee (for final hearings).
15Standard Civil Contract 2013 Specification para 7.136. An employed advocate may not claim a cancellation fee through FAS but may include wasted time in preparation for the hearing as part of the preparation costs of the case and such costs may count towards the case becoming exceptional.
16Civil legal aid cost assessment guidance appendix 2, para 14.16.Bolt-ons
16.28Additional bolt-on fees are available for more complex cases in public and private law children cases. Claims must be verified by the judge, magistrate or legal adviser at the hearing on the Advocates Attendance form (AAF). Bolt-on fees cannot be claimed for cancelled hearings. Bolt-ons are not available in finance cases and domestic abuse cases, apart from court bundles in finance cases and exceptional travel in both finance and domestic abuse cases where applicable.
17Standard Civil Contract 2013 Specification para 7.146.Public law
16.29In public law cases bolt-ons are claimable where:
•you are acting for a parent or others against whom allegations of serious harm to a child are made by the local authority;
•the client has difficulty giving instructions/understanding advice;
•expert/s has/have to be cross-examined.
Client – allegations of significant harm
16.30Paragraph 7.147 of the Specification states:
This Bolt-on Fee is claimable only where your Client is facing allegations that he or she has caused significant harm to a Child. It applies only so long as those allegations remain a live issue in the proceedings. For this purpose only the following conditions constitute significant harm:
(a)death,
(b)significant head and/or fracture injuries,
(c)burns or scalds,
(d)fabricated illness,
(e)extensive bruising involving more than one part of the body,
(f)multiple injuries of different kinds,
(g)other significant ill-treatment (such as suffocation or starvation) likely to endanger life,
(h)sexual abuse.
Client – lack of understanding etc
16.31Paragraph 7.149 of the Specification states:
This Bolt-on applies to hearings in Public Law proceedings where:
(a)your Client has difficulty in giving instructions or understanding advice,
(b)this is attributable to a mental disorder (as defined in section 1(2) of the Mental Health Act 1983) or to a significant impairment of intelligence or social functioning, and
(c)the Client’s condition is verified by a medical report from either a psychologist or psychiatrist.
Advocates’ meetings
16.32In public law cases, a separate fee is available for advocates attending an advocates’ meeting, where such a meeting is directed by the court in accordance with the Public Law Outline. Where in section 31 care proceedings, advocates are able to discuss all relevant matters without the need for a formal advocates’ meeting directed by the court, half the standard fee is payable (without any bolt-ons).
18Standard Civil Contract 2013 Specification para 7.138.16.33There is additional guidance in relation to advocates’ meetings:
19Civil legal aid cost assessment guidance appendix 2.14.18 Although it would usually be expected that two advocates’ meetings would take place in accordance with the PLO, provided that the advocates’ meeting is held as directed by the court and in accordance with the PLO there is no limit to the number of these fees that may be claimed. No fees for advocates’ meetings will be payable in Private Law Children cases.
14.19 The definition of Advocates’ Meeting includes meetings held by video conference, webcam or telephone where this is appropriate in the circumstances.
14.20 It is not envisaged under the PLO that an advocates meeting would take place on the same day as a hearing. However if an advocates meeting does take place on the same day as an interim hearing then it may be claimed only if the meeting takes place outside of any time period that is taken into account in calculating the fee for the interim hearing.
Private law
16.34In private law children cases, bolt-ons are claimable where:
•you are acting for a parent or others against whom allegations of significant harm to a child are made;
20See Standard Civil Contract 2013 Specification para 7.147, quoted above, for the definition. •expert/s has/have to be substantially challenged in court.
16.35In private law finance cases an early resolution fee can be claimed for cases which settle at the first appointment or Financial Dispute Resolution (FDR) Hearing, as long as the advocate materially assisted in the settlement, it is recorded in a consent order and it lasts for six months (as far as you are aware).
21Standard Civil Contract 2013 Specification para 7.154.Early Resolution Fee
7.154 This Bolt-on Fee is claimable only in Private Law Finance cases which settle at the first appointment or Financial Dispute Resolution (‘FDR’) hearing. It may only be claimed by an advocate who is entitled to the Hearing fee for that hearing but only if the following conditions are satisfied:
(a)the Finance Aspect of the case has been fully concluded at the first appointment or FDR hearing;
(b)the advocate attending that hearing materially assisted in the settlement;
(c)the Finance Aspect of the case does not proceed further to a new Form of Civil Legal Services within six months of the settlement, either with you or, so far as you are aware, another Provider;
(d)there has been a genuine settlement to conclude that Aspect of the case, rather than, for example, a reconciliation between the parties or one party dying or disengaging from the case;
(e)the settlement is recorded in a form of a Consent Order approved by the Court, either at the hearing itself or subsequently.
Court bundles
16.36Additional fees may be claimed for cases involving larger bundles, known as advocates’ bundle payments or ABPs:
22Standard Civil Contract 2013 Specification para 7.150.ABP 1 – over 350 pages;
ABP 2 – over 700 pages;
ABP 3 – over 1,400 pages (final hearings only).
16.37Practice Direction 27A (PD27A) sets out the content and format of the court bundle in family proceedings and introduced a maximum 350-page limit on the size of the court bundle in family cases. From that date, the LAA amended the regulations
23Civil Legal Aid (Remuneration) (Amendment) (No 4) Regulations 2014 amended Civil Legal Aid (Remuneration) Regulations 2013 and equivalent amendments to Community Legal Service (Funding) Order 2007, through Community Legal Service (Funding) (Amendment) Order 2014, to cover cases continuing under Access to Justice Act 1999. so that bundle payments were claimed by reference to the advocate’s bundle rather than the court bundle. The specification continues to refer to ‘court bundle payments’ and ‘CBPs’, but claims should be based on the advocates’ bundle.
16.38The amended regulations set out that the advocate’s bundle may only include:
•those documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates;
•notes of contact visits if included in the court bundle; and
•a paginated index agreed by the parties to those proceedings.
Advocates must also include a written explanation of how the documents included in the bundle are relevant and necessary to the case.
16.39There are restrictions on the circumstances and number of times within a set of proceedings that a court bundle payment may be claimed for Interim Hearings:
24Standard Civil Contract 2013 Specification para 7.151.7.151 … In Public Law proceedings, court bundle payments may be claimed for no more than two Interim Hearings and each of these must be either a Case Management Conference, an Issues Resolution Hearing or otherwise a hearing which is listed for the hearing of contested evidence. A court bundle payment may never be claimed more than once per hearing.
7.152 In Private Law proceedings court bundle payments may only be claimed at one Interim Hearing per case. For this purpose the Children and Finance Aspects of a case will be treated separately.
7.153 Court bundle payments may not be claimed in Domestic Abuse proceedings, either for Interim or Final Hearings.
An advocate taking on a case part way through must satisfy themselves as to whether the advocate’s bundle payment/s have already been claimed or are intended to be claimed by an advocate at an earlier hearing.
25Civil legal aid cost assessment guidance appendix 2 para 14.52.16.40There is some additional guidance in relation to court bundles (see above for change in definition from 31 July 2014): Also note that although the Contract Specification had not been updated at the time of writing, the Civil Costs Assessment Guidance had been:
26Civil legal aid cost assessment guidance appendix 2 paras as set out above.14.46 The advocate’s bundle will consist of those served documents relevant and necessary to the case, including a paginated index of the contents. The advocate’s bundle may include the documents listed in paragraphs 4.2 and 4.3 of PD27A (and which may be included in the court bundle) and other documents relevant to the case which have been served by the parties to the proceedings to which the hearing relates. Notes of contact visits will only be included in the advocate’s bundle for the purposes of the FAS if they have been included in the court bundle.
14.47 Verification of the size of the advocate’s bundle will be carried out by the judge or person before whom the case is heard by way of a paginated index of documents served in the case that the advocate would be expected to have agreed with the other parties, as appropriate. Additionally, the advocate will need to provide an explanation of why any documents included in the paginated index which do not fall within paragraphs 4.2 and 4.3 of PD27A are relevant and necessary to the case.
14.51 An advocate must obtain certification of the relevant number of pages of the advocate’s bundle on the Advocates Attendance Form in order to claim this payment. The Agency may request copies of both the agreed paginated list and the explanation of why additional documents not referred to in paragraphs 4.2 and 4.3 of PD27A are included either before or after payment is made.
16.41At the time the changes were implemented, practitioners’ representative groups asked the LAA for clarification about what they would require from providers on making claims for bolt on payments relating to advocates’ bundles. The advice received by Resolution from the LAA is set out in italics below:
You should get certification of the relevant number of pages of the advocate’s bundle on the Advocates Attendance Form. You are advised to have available for the judge the agreed paginated index and reasons for why any documents which do not fall within paras 4.2 and 4.3 of PD27A are relevant and necessary.
16.42Although there is no requirement to do so, some practitioners are seeking to ensure this is covered on the face of the order.
Whilst the LAA may ask for a copy of the agreed paginated index with an explanation of why any additional documents were included, there is no intention to do so as a matter of course, the certified AAF will usually be sufficient. Should the LAA make such a request, you would be expected to present the documentation prepared for the judge, but there is no expectation that the judge will have signed anything except the AAF.
We understand that LAA caseworkers have been instructed not to refuse claims for payment for advocate’s bundles with a completed and certified AAF unless there is an unexpected and unusual pattern of claims for payments.
Exceptional travel
16.43Advocates may claim payments for exceptional travel (more than 25 miles each way), as long as it was reasonable for them to be instructed in all the circumstances, rather than someone more local to the court.
27Standard Civil Contract 2013 Specification para 7.156.16.44All advocates will need to justify the payment and documents or explanations may need to be uploaded via CCMS. Counsel should also supply a copy of their brief or instructions with the claim.
Payments for counsel only
16.45Counsel’s fees may be claimed under the FAS:
•for conferences, up to a maximum of two per set of proceedings;
28Standard Civil Contract 2013 Specification para 7.143. •for opinions, up to a maximum of two per set of proceedings, unless the opinion relates to a proposed appeal against a final order:
29Standard Civil Contract 2013 Specification para 7.140. •in private law, counsel may claim two opinions for both the children and finance aspects of a case;
•no opinion fee may be claimed in domestic abuse proceedings.
16.46The Costs Assessment Guidance says this about what constitutes a single set of proceedings:
30Civil legal aid cost assessment guidance appendix 2.13.1 For particular Advocacy Services only two fees can be claimed per case. In order to determine what is or is not a ‘case’ for the purposes of determining appropriate claiming, applications to the court constitute a single set of proceedings, irrespective of whether they are made separately or together, where they are heard together or consecutively or are treated by the court as a single set of proceedings. In private law proceedings each aspect of the case, e.g. children and finance, counts as a separate case for the purposes of claiming opinions and conferences.
Conference fees
16.47There is some additional guidance in relation to conference fees:
31Civil legal aid cost assessment guidance appendix 2.14.25 A conference fee is paid for all work carried out in connection with a conference. This can include conferences by telephone or video link or webcam where this is appropriate in the circumstances. Conference fees may only be claimed by Counsel. No bolt-ons may be claimed for conferences.
14.26 Up to two conference fees may be claimed in each single set of proceedings. As for opinions in private law proceedings, if there are separate children and finance proceedings these will be considered separately for these purposes. However, no conference fee may be claimed under FAS in Domestic Abuse proceedings.
14.27 As only two conference fees may be claimed Counsel will need to designate the conferences for which he or she seeks payment under the FAS.
14.28 No conference fee may be claimed for any conference held on the same day as a Final hearing. Any discussions or negotiations taking place on any day of a final hearing will be covered by the fee for advocacy at that hearing.
14.29 A conference fee may be claimed for a conference that takes place on the same day as an interim hearing, only if the conference takes place outside of any time period that is taken into account in calculating the fee for the interim hearing. Therefore no conference fee may be claimed for a conference that takes place between the time that the hearing is listed to start and the time that hearing actually starts as this will be claimed as part of the Hearing Unit.
14.30 Where different Counsel is subsequently instructed and the allowable conference fees have already been claimed, no further claims for conference fees can be made. This is so even in circumstances where the later conference was more substantial. Where one Counsel has replaced another, Counsel must make enquiries as to whether the conference fees payments have been claimed from either the outgoing Counsel or instructing solicitors.
Opinion fees
16.48Only counsel (see definition in para 16.10 above) may claim opinion fees.
32Standard Civil Contract 2013 Specification para 7.139. There is some additional guidance in relation to opinion fees:
33Guidance on the FAS, February 2012 para 3.2.14.22 Up to two opinion fees may be claimed in each single set of proceedings. If there are separate children and finance proceedings these will be considered separately for these purposes. No opinion fee may claimed under the FAS in Domestic Abuse proceedings.
14.23 In addition to the two opinions claimed per set of proceedings a further opinion may be claimed in relation to any a proposed appeal against a final order.
14.24 An opinion may include providing advice or drafting pleadings/affidavits after the issue of proceedings.
Assessment
16.49The LAA assesses all fees due to counsel under the FAS. Solicitors’ profit costs and disbursements are assessed in the usual way, through assessment either by the LAA or the court. See chapter 13 for more information.
CCMS and forms
16.52Cases started since April 2016 (February 2016 for most public law cases and earlier for some firms) will be managed through CCMS. Counsel can claim FAS payments through CCMS at the conclusion of each hearing and they will be recorded against the file, assisting the solicitor with the management of the costs of the case. In-house advocates will claim their costs as part of the solicitors’ bill. No additional claims can be made for FAS hearings of in-house advocates but they should be included in payments on account claims made during the life of the case. See chapter 13 for details on claiming payments on account.
FAS in high cost cases
16.53In Family, cases where the costs are anticipated to, or actually do, exceed £25,000 (including all profit costs with enhancement, disbursements and any counsel’s fees but excluding VAT) fall under the Special Case Work provisions of the Civil Legal Aid (Procedure) Regulations 2012 (see chapter 5 for more information on Special Case Work). They are referred to the LAA’s High Cost Case Team.
16.54The team will refer to the rates that would have been paid under FAS (if applicable) and if the FAS is not applicable then they may make reference to the rates set out in table 1 of the guidance on VHCC Payments to Counsel in Family Cases
35www.gov.uk/government/publications/family-high-cost-cases-forms-and-guidance. or they will consider the fees paid under the VHCC Care Case Fee Scheme.