During this unprecedented time, we have seen a significant increase in remote family hearings. But how will the Family Advocacy Scheme (FAS) operate?
Who is responsible for arranging a remote hearing and how will the costs be covered? What evidence is required instead of a FAS Form?
The choice of the conferencing platform is a matter for judicial discretion. It is also a matter for the courts, as to who will arrange the remote hearing. The LAA have confirmed that if an advocate incurs costs in setting up a remote hearing (e.g. using a BT Meet Me number), then this can be claimed as a disbursement.
Where clients incur additional costs in participating in a remote hearing e.g. additional date charges, then this is claimable as an individual disbursement.
How are hearing fees calculated for remote hearings?
The hearing time will start from the time that the telephone call/video conference was ordered by the judge. The following can also be counted towards the hearing times:
- Initial discussions which can happen on a conference platform.
- If the judge attends to ensure everyone is present then absents themselves for pre-hearing discussions and then re-joins the hearing.
- Time after the hearing to finalise the terms of the order.
Evidence Required
A court order which sets out all the information that is necessary (akin to FAS form) will suffice as evidence. The information required is as follows:
- The names of each of the advocates that participated in the hearing;
- The start and finish times for the hearing (including lunch breaks)
- Any bolt-ons- The bolt-ons may be anonymised e.g. a bolt-on 1 or bolt-on 2 and then a note setting out which bolt-ons these are.
If the court order does not contain all the required information then an attendance note of the hearing will be required as well.
As bolt-ons can be claimed for telephone/video hearings if appropriate, then notes of the hearing will need to be recorded and the claim justified on CCMS.
Advocates Meetings- how many advocates meetings are allowed and what evidence will be required?
Although it is expected that two advocates’ meetings would take place in accordance with the Public Law Outline, as long as the advocates’ meeting is directed by the Court, then there is no limit to the number of advocates’ meetings that can be claimed. The LAA have stated that in the current circumstances there may be an increase in the number of advocates meetings.
The advocates will decide who should arrange the meeting and set up the telephone or video conference. The LAA have stated that where possible advocates should use free services such as Skype or Zoom, however where this is not possible the costs of setting up the advocates meeting are a claimable disbursement.
The evidence required will be the court order listing the advocates meeting. The LAA have also confirmed that advocates meetings can now be arranged through email rather than Court order. The provision of email evidence from the court will be treated as the same as providing the order.
At John M Hayes we stay up to date with any guidance or rules as set out by the LAA, so you can rest assured that we will prepare LAA compliant claims and supporting documentation ready to be submitted on CCMS to ensure you get paid promptly and first time. Please contact your local Regional Manager or call us on 0370 300 3780 now.