High cost case family
Care Case Fee Scheme (CCFS), KC/2 Counsel Events, and detailed case plans to use when a legal-aid-funded family case becomes high cost.
Applies to England and Wales
When a case becomes high cost
A case becomes high cost when the costs are likely to exceed £25,000.
There are 2 teams managing high cost family cases:
- High Cost Family (HCF) team - deals with all single and KC/2 counsel/advocate cases in private and public law family matters (South Tyneside based)
- Exceptional and Complex Case Team (ECCT) family section - deals with all prior authority requests for KC/2 counsel cases in private and public law family matters and all Court of Protection cases. ECCT provides all technical oversight and support to HCF (London based)
All family cases requiring KC or 2 Counsel will require prior authority. These should be submitted as an amendment via CCMS (or APP8 if the case is not being run on CCMS). All requests for prior authority must address sections 1.2 and 1.3 of the Narrative and Guidance: Legal Aid.
Guidance
- Please refer to the Guidance on authorities and legal aid for cases in courts outside England and Wales.
- You’ll find general guidance on high cost family cases in the .
Methods of costing high cost family cases
- Care Case Fee Schemes (CCFS). Some private law and other child cases which follow a similar fact-finding route and have main hearings over 10 days may qualify for the CCFS scheme (on request and agreed by the Legal Aid Agency)
- Detailed (fully costed) case plans used in all other family cases plus care cases that the Legal Aid Agency deem to be exceptional
Care Case Fee Schemes
Overview of CCFS
The CCFS model simplifies case planning. Costs are determined by reference to events (as defined in the information packs), which have a set value. There are two variations depending on whether the case is being run with single counsel/ solicitor advocate or Two/ Leading Counsel.
Single Counsel CCFS cases
Upon notifying the LAA that a case is high cost and you confirm the case will be costed using CCFS you will be asked to upload onto CCMS signed High Cost Contract and Counsel Acceptance Forms (where external advocate/s are to seek their fees outside of the Family Advocacy Scheme). At the same time, you should submit a cost amendment for £32,500. This will allow you to immediately access cash flow. You must ensure that if counsel is used they are assigned to the case and allocated appropriate funds.
The explains the details of the CCFS. The completed example case plan below will help you fill in the template. We have also created a flow and text based flow chart summarising the planning process. It covers the route used in CCMS for registration as a High Cost Case, the planning process, contract upload, and cost amendments - all the way through to submission of final bills for payment.
We also have training materials available:
- A full step-by-step interactive training module has been created demonstrating the process on CCMS. Please click here.
- CCMS training material, which can be found here.
If you need to submit an Interim CCFS Form to obtain costs beyond £32,500, submit the CCFS Form without any supporting documentation. Make sure the CCFS Form is fully completed to avoid unnecessary queries. At the conclusion of the case providers should submit their Final CCFS Form accompanied by a checklist of required information, which will help us reach agreement on final costs. It is important that all documentation requested is provided to avoid delay and re-submission. Counsel Acceptance Forms for all external advocates acting outside of FAS should also be uploaded at this final submission stage to allow counsel to present their bills.
KC/2 Counsel CCFS cases
Upon grant of Prior Authority for KC/2 Counsel you will be asked to upload onto CCMS signed High Cost Contract and Counsel Acceptance Forms (where external advocate/s are to seek their fees outside of the Family Advocacy Scheme) if you accept the case will be costed using CCFS. At the same time, you should submit a cost amendment for £60,000, where the authority covers a fact finding hearing or composite final hearing. Make sure that if counsel is used they are assigned to the case and allocated appropriate funds.
The explains the details of the KC/2 Counsel CCFS scheme. The completed example below will help you complete the CCFS Form (2 Counsel).
We also have training materials available:
- A full step-by-step interactive training module has been created demonstrating the process on CCMS. Please click here.
- CCMS training material, which can be found here.
If you need to submit an Interim CCFS Form to obtain costs beyond £60,000, submit the CCFS Form without any supporting documentation. Make sure the CCFS Form is fully completed to avoid unnecessary queries. At the conclusion of the case providers should submit their Final CCFS Form accompanied by a checklist of required information, which will help us reach agreement on final costs. It is important that all documentation requested is provided to avoid delay and re-submission. Counsel Acceptance Forms for all external advocates acting outside of FAS should also be uploaded at this final submission stage to allow counsel to present their bills.
Detailed (fully costed) family case plans
Exceptional Care Cases
All single counsel/ solicitor advocate care cases will be paid via CCFS. If a case is considered to be exceptional such that the costs that would be payable under CCFS would not properly remunerate, application may be made at the point of notification that the case is high cost for a detailed case plan to be submitted.
When notifying the LAA that your case is high cost you may find it helpful to use this . This will help you to include all relevant information and avoid delay that may be caused by LAA requests for further information.
The criteria for a case to be treated as exceptional are set out in the . In all family cases where CCFS does not apply, a detailed case plan is required at the point of notification that the case is high cost.
These plans set out:
- description of the case
- assessment of its prospects
- legal and factual issues to be investigated and resolved
- details of costs
- the selection of counsel and experts used
Counsel Fees
Fees payable to counsel in family cases under CCFS (both single counsel and 2 counsel) and under a detailed case plan are set out in .
Where counsel’s fees are calculated on an equivalent basis as FGF and have been requested to supply counsel fees costed using the Family Graduated Fee Scheme as a guide you will need to upload a Claim 5. Please note this is just a document to support the case plan and it is not an actual bill on CCMS. We have developed an FGF fees calculator below, which will assist you in completing the Claim 5 by calculating costs that would be equivalent to the costs that would have been payable under the FGF Scheme.
We also have training materials available:
If counsel/counsel’s clerk experience any issues regarding payment, please contact the LAA by email explaining the issue and steps taken to resolve – highcostfamilyfixer@justice.gov.uk
Document Archive
How to contact us
Please note that on all cases being run on CCMS you should submit requests/ submissions via CCMS.
High Cost Family Team (South Tyneside)
High Cost Family Team,
Legal Aid Agency
Berkley Way
Viking Business Park
Jarrow
NE31 1SF
DX: 742 350 Jarrow 2
Phone: 0300 200 2020
Email: highcostfamily@justice.gov.uk
ECC Family Section (London)
ECC Family Section
Legal Aid Agency
13th Floor Tower (13.52)
102 Petty France
London
SW1H 9AJ
DX: 161440 – Westminster 8
Phone:0300 200 2020
Email: contactECC@justice.gov.uk
For Counsel – Email: highcostfamilyfixer@justice.gov.uk
High cost non-family cases for other high cost civil cases.
Last updated 8 March 2024 + show all updates
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The High cost family correspondence hints and tips document was updated March 2024
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Updated documents - HCF Contract 2018 HR, HCF Contract 2018 CCFS (2 counsel) and HCF Contract 2018 CCFS. Renamed title for HCF hints and tips document to HCF correspondence hints and tips.
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Updated the Counsel Acceptance Form and the CCFS Contract attachments to the 2018 versions. These are included in the Care Case Fee Scheme Section under both the Single Counsel CCFS cases and the KC/2 Counsel CCFS cases headings. Updated the fully costed contract attachment in the Detailed (fully costed) family case plans section to the correct 2018 version.
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Attachment for correspondence hints and tips added to page
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Update after change in monarch.
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Changed Queen's Counsel (QC) to King's Counsel (KC).
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Uploaded Word versions of CCFS forms.
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Addition of Guidance for Counsel High Cost Payment on Account Scenarios.
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Updated Single Counsel Final FAST checklist and QC/2 Counsel Final FAST checklist.
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Process change has now been reflected with relevant guidance.
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Full governance check complete. Guidance updated to reflect process change.
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Updated content and guidance.
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Information regarding Two/Leading Counsel Events published.
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Payments to counsel document updated.
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Final Assessment Streamlining Tool for Single Counsel CCFS cases section added.
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New address added: DX: 161440 – Westminster 8 Phone: 0203 334 5750 Email: highcostcivil@legalaid.gsi.gov.uk
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First published.