Family Fortunes

In a recent family law update column (see [2000] Gazette, 27 July, 38) your correspondent commented on the use of general family help for ancillary relief proceedings.

He incorrectly stated that general family help receives a lower rate of remuneration than legal representation.

The level is generally the same, being the rates laid down in the Family Proceedings (Remuneration) Regulations 1991.

Your correspondent also suggested that the use of general family help overlooked the work needed early in a case to achieve a settlement.

That is not so.

The new levels of service available in family cases under the funding code adopt a staged approach with negotiation and settlement as their emphasis.

Publicly funded family mediation is available to those who qualify financially, supported by legal advice and assistance given under help with mediation.

If mediation is not suitable or fails, then the emphasis is on solicitor negotiation and settlement with the assistance of general family help.

If that is not successful, then legal representation can be applied for - including by way of an amendment to an existing certificate of general family help.

The first update to the Legal Services Commission (LSC) manual contains new detailed guidance on the relationship between general family help and the ancillary relief rules.Roger Hamilton, Director, Policy & Legal Department, LSC