Interim delegated powers aim to speed legal aid access in Child Focused Courts cases
The government has introduced an interim measure designed to improve access to legal aid in Child Focused Model (CFM) cases, following concerns that existing processes were unable to keep pace with the accelerated timetable used in private law children proceedings.
The Law Society said it welcomed the ethos of the Child Focused Courts reform, previously known as Pathfinder Courts, but had raised concerns about difficulties securing legal aid for decision hearings. According to the Society, the pace of CFM cases has made it difficult for providers to obtain the necessary legal aid approvals through existing arrangements before hearings take place.
From 15 July 2026, legal aid providers will receive delegated authority to grant legal representation in eligible Child Focused Model cases. The temporary arrangement applies only where legal representation has already been approved up to the level of family help (higher) and is intended to relieve immediate operational pressures while a longer-term solution is developed.
The interim measure is limited to private family children cases operating under the Child Focused Model. Providers will be able to make representation decisions directly, although they will continue to have the option of referring matters to the Legal Aid Agency where necessary.
For solicitors and legal aid providers, the practical change is that qualifying CFM cases can progress more quickly without waiting for the existing approval process. However, providers must comply with new administrative requirements when recording amendments through the Client and Cost Management System (CCMS).
The Law Society says providers must include a reference confirming that the matter is a Child Focused Model case within the statement of case and record that delegated functions have been used. The tables of Delegated Authorities under the Merits Criteria Regulations will also be updated to reflect the interim arrangement.
The Society said it had been pressing the government to address the legal aid difficulties affecting decision hearings and welcomed the introduction of a temporary solution while longer-term reforms are prepared.
A permanent approach will now be developed with input from practitioners and representative groups. Until that work is completed and implemented, the interim delegated authority arrangements will remain in place for eligible Child Focused Model cases.