FAS - What is the scheme

Family Advocacy Scheme (FAS)

The scheme is based on payments for both time as well as on a per hearing basis. There are different payments for certain types of hearing and a small number of bolt-ons. Payments for preparation for advocacy will be included in the hearing fees and will be payable to in-house advocates as well as self-employed advocates.

Advocacy in the following Level 3 Proceedings categories are included under the Level 4 scheme.

This scheme also includes advocacy in:

Cases excluded from this scheme are:

In addition, Very high cost cases which are being dealt with under a case contract will be excluded from FAS as will advocacy undertaken by Queen’s Counsel.

For certificates issued prior to May 2011 work will continue to be remunerated in accordance with the Unified Contract dated 1 April 2007.

This is a fixed fee scheme for payments for both public law and private law advocacy. The scheme is based on payments for time rather than on a per hearing. There are differential payments for certain types of hearing and a small number of bolt-ons. Payments for preparation for advocacy are included in the hearing unit fees and are payable to in-house advocates as well as self-employed advocates. For employed advocates this will be funded from the solicitor representation budget and will be cost neutral. Interim applications such as those under s37 of the Matrimonial Causes Act 1973 and applications for maintenance pending suit are included within the standard fee.

For the purposes of the scheme, advocacy includes travel to and waiting at court as well as time spent providing advocacy in court. It also includes any preparation done by the advocate in connection with the hearing.

Since this is the case, if you are targeted on time recorded in hours and minutes as well as fees within your firm, we suggest creating a time type of FAS Travel and Waiting with zero value so that you can record the actual time spent without incrementing the case cost.

The FAS is a national scheme with the same fees payable regardless of where the advocacy takes place or where the advocate is based. There are no panel uplifts payable under the FAS. Elements of complexity are now dealt with by bolt-ons to the fees under the FAS and uplifts cannot be claimed on assessment.

Advocacy in the High Court will receive an enhancement of 20% on the County Court fee.

TOLATA and IPFDA cases are excluded.

The scheme is split into five categories of cases. These are:

There are different fees payable for various activities in each category of case.

The same fee will be payable irrespective of the number of parties (or type of party) represented.

Interim hearings will now be paid under one of two hearing units. The hearing units include preparation for a hearing, travel and waiting and time spent in court. Hearing Unit 1 is payable where the hearing time is less than or equal to 60 minutes. Hearing Unit 2 is payable where the hearing time is more than 60 minutes but less than or equal to 2.5 hours, effectively a half-day fee. Only one Hearing Unit is payable – i.e. if a hearing lasts for 2 hours then only a Hearing Unit 2 is payable, not a Hearing Unit 1 plus Hearing Unit 2. If the hearing time is in excess of 2.5 hours then multiples of the 2.5 hearing units shall be paid.

The hearing time will be the time at which the hearing is listed to start, unless the court specifically directs the advocate to attend earlier, until the time at which the advocates leave the courtroom.  Time spent at court whilst the court breaks for lunch is not counted towards time in court.

There may be a maximum of two opinions from self-employed advocates allowed in any set of proceedings; none in domestic violence cases. A maximum of two conferences per set of proceedings will be allowed. No conference fee may be claimed on the same day as a final hearing fee. No conference fee is payable in domestic abuse cases.

Travel time for less than 25 miles each way in distance is included within the hearing fee. Travel expenses such as mileage and train fares are allowable disbursements for all advocates.

Bolt-ons may be claimed on interim and final hearings.

There is an early resolution fee payable in finance cases where the case settles at or prior to the Financial Dispute Resolution Appointment. If the case settles at the first appointment or at the FDR, the bolt-on will be payable to the advocate who undertakes the hearing. The payment will be made to the advocate when agreement is reached on all the principal points set out in a consent order, even if the final consent order is only filed with the court after the hearing takes place.

When a particular aspect of a case is concluded, i.e. in a children and finance case the financial aspects have been concluded but not the issues in relation to children, the current arrangements apply and a supplier may claim for all the costs relating to that aspect of the case. If a case has only one aspect and is not exceptional this will be the final bill. Where other aspects are continuing or where the case may become exceptional we will process such payments as payments on account.

Note: that only costs incurred since the last interim bill, if applicable, need to be submitted.

There can only be one Final Hearing claimed per aspect/proceedings type.

It is never possible to claim Hearing Unit 1 and 2 for the same hearing or to claim multiples of Hearing Unit 1.