Civil news: funding rules change affecting SEND Tribunal appeals
Foster parents and approved prospective adoptive parents can apply for means-free funding from 10 February for special educational needs appeals.
Both foster parents and approved prospective adoptive parents can apply for means free legal help and exceptional case funding (ECF) for representation for special educational needs appeals from 10 February.
The change applies to appeals heard by the First-tier Special Educational Needs and Disability (SEND) Tribunal against special education needs decisions of local authorities.
Detail of changes
Means testing will no longer be required for foster parents and approved prospective adoptive parents of a ‘looked after child’ (LAC). It is also being removed for a former foster parent of a young person who:
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continues to reside in a ‘staying put’ arrangement
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cannot make the appeal in their own right
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meets the criteria in section 80(6) Children and Families Act 2014
These changes apply for appeals to the First-tier SEND Tribunal from 10 February 2023.
How will the new rules work?
The changes outlined above mean that for new and pending applications:
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legal help, not already in place, will no longer require a means assessment
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ECF funding will no longer require means assessments
No further contributions will be required for existing certificates
How do I complete an application?
Legal help application
Complete the CW1 form for controlled work – do not complete any means information. On page 3 indicate that this is a SEND appeal case and explain on page 7 that the applicant meets the criteria for non-means funding.
ECF legal representation application
Complete the CIVApp1 form and the ECF1 form. You do not need to complete a means form.
The forms need to be emailed to the ECF team using the mailbox below. You should note that it is not possible for means-free submissions to go through the Client and Cost Management System (CCMS). We will advise you further when this situation changes.
Further information
ContactECC@justice.gov.uk – mailbox for submissions
Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023) – regulatory amendment setting out the change
Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023 explanatory memorandum – this sets out purpose of the change