delete The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment No.2) Order 2007
This Order amends the Community Legal Service (Funding) (Counsel in Family Proceedings) Order 2001 to update definitions and fee structures for legal aid-funded counsel in family care proceedings. It introduces the 'Draft Public Law Outline' as an alternative to the Children Act Protocol, defines new hearing types (Issues Resolution Hearing, Case Management Conference), and prescribes fee arrangements when counsel attends both preliminary hearings and main hearings in care proceedings.
This is a retained EU-era legal aid funding regulation representing government price-fixing in legal services. It distorts the market for family law practitioners by imposing bureaucratically-determined fee structures that suppress supply and create dependency among those locked into legal aid work. The proliferating procedural categories (Pre-Hearing Review, Case Management Conference, Issues Resolution Hearing, Draft Public Law Outline vs Children Act Protocol) add compliance complexity without clear benefit—much of this appears to have been inherited from EU-derived administrative frameworks. Removal would allow market forces to determine pricing for legal services, increasing supply of practitioners willing to handle family cases and reducing the burden on the strained legal aid budget.