TOOL: common types of work involving unusually large expenditure or unusual work

Please select an option from the dropdown menu below to check whether you need prior approval for common types of unusual work and if there are guidelines on how cost will be assessed.

Type of work

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Bond of caution premium

No prior approval required for the first bond of caution premium following appointment of a guardian in an AWI case.

Type of work

No prior approval required

Prior approval is needed

Commission and diligence for recovery of documents

Commission and diligence for recovery of documents where optional procedure has been exhausted.

Commission and diligence for recovery of documents where optional procedure has not been exhausted, or where no time to use optional procedure.

*Type of work*	*No prior approval required*	*Prior approval is needed*
Commission to take evidence of witnesses		Any work to commission the taking of evidence of witnesses.

*Type of work*	*No prior approval required*	*Prior approval is needed*
Consultation with counsel at expert’s practices		Prior approval required for a consultation with counsel at an expert’s practices thus incurring substantial time and travel costs.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Supervised contact

No prior approval required to cover applicant’s half share of the cost where legal aid is in place and the certificate includes contact.

Prior approval is needed to cover more than the applicant’s half share of the cost and any pre-certificate work.

Payment would normally be based on the half share unless otherwise allowed by us.

We can only pay for sessions that actually take place. (We cannot pay for planned sessions which were abandoned for whatever reason). Costs are variable depending on who is involved, for example social worker or professional.

If a final interlocutor is made, ordering contact on a supervised paid for basis, then this is an expense that your client has to meet from their own funds. We cannot be responsible for any costs in connection with supervised contact after the court case has concluded.

*Type of work*	*No prior approval required*	*Prior approval is needed*	*Whether or not prior approval required, are there guidelines on how cost will be assessed?*
Supported contact	No prior approval required where legal aid is in place and the certificate includes contact.		Payment would normally be based on the half share unless the interlocutor states otherwise. We can only pay for sessions that actually take place. (We cannot pay for planned sessions which were abandoned for whatever reason). Costs are variable depending on who is involved, for example social worker or professional. If a final interlocutor is made, ordering contact on a supported paid for basis, then this is an expense that your client has to meet from their own funds. We cannot be responsible for any costs in connection with supported contact after the court case has concluded.

*Scenarios in which prior approval not required*	*Prior approval required*	*Any specific evidence required/tips*
Blood/hair strand test for drug/alcohol testing of the applicant where the report is factual in nature	Blood/hair strand for drug/alcohol testing of any other party (unusual work) Expert opinion beyond interpretation of the factual results (expert) Costs to exceed £3,000 (unusually large expenditure).	Copy court interlocutor, where applicable/ Evidence of medical qualifications/ Invoicing requirements.

*Type of work*	*No prior approval required*	*Prior approval is needed*
Witnesses travelling from abroad		Where witnesses travelling from abroad.

Type of work

No prior approval required

Prior approval is needed

Post-decree diligence

No prior approval is needed for certain alimentary decrees.

Apart from certain alimentary decrees, post–decree diligence requires prior approval.

*Type of work*	*No prior approval required*	*Prior approval is needed*
Costs of assisted person attending court		Prior approval should be sought detailing the reasons why the client is unable to pay their own costs. These costs will only be met in exceptional circumstances.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Family Therapy

This may be allowed where this is ordered by the court as a means to resolve a family dispute.

The therapist to be instructed should be a fully qualified family therapist who is registered with a relevant regulator, such as the UK Council for Psychotherapy (UKCP), the British Association for Counselling and Psychotherapy or Counselling and Psychotherapy in Scotland (COSCA) or can otherwise show they are a member of an accredited register of therapists subject to appropriate quality assurance requirements.

*Type of work*	*No prior approval required*	*Prior approval is needed*
Watching brief		Any work related to keeping a watching brief on relevant proceedings.

*Type of work*	*No prior approval required*	*Prior approval is needed*	*Whether or not prior approval required, are there guidelines on how cost will be assessed?*
Curator ad litem to a child in a family case	No prior approval needed for curator to carry out preliminary investigations where Curator ad litem appointed to a child in residence/contact proceedings, where the person ordered to meet cost of appointment has legal aid in place and is appointed by the court ex proprio motu.	Prior approval should be sought where the Curator ad litem appointed to a child in residence/contact proceedings is appointed to carry out preliminary investigations on the motion of the parties. Also, where a curator ad litem is appointed to a child in residence/contact proceedings, and the curator intends to prepare a written or oral report for the court which is likely to exceed £3,000, prior approval for unusually large expenditure is required.	If a curator is appointed to a case where your client is meeting the cost, you should make sure you know what the curator intends to do before the work commences, as otherwise there is a risk that you will encounter difficulties at the accounts stage. Remember different arrangements apply if legal aid is not yet in place.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Mediation - Family

To cover applicant’s half share of the cost so long as a relevant grant of legal aid is in place. This includes where AP wants to ask the court to make a remit for mediation.

Prior approval is needed to cover more than the applicant’s half share of the cost/ any pre-certificate work.

If the court orders family mediation or it is agreed between the parties as a means to resolve a family dispute, then we will meet the assisted person’s one half share of the cost.

Our policy is to pay applicant’s half share of the cost based on a maximum hourly rate of £105.20 (that's £52.60 per hour). The mediator should be CALMS, Scottish Mediation or FMS accredited. We will pay for the set-up fee and pay for one individual session before mediation commences.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Mediation - Non-Family

Prior approval is required for non- family mediation.

Where prior approval is granted, then we will meet the assisted person’s one half share of the cost.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Pagination costs

Prior approval is required for pagination costs.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Police precognition charges

Prior approval is required for charges for police precognitions.

Type of work

No prior approval required

Prior approval is needed

Shorthand writers

Extension of shorthand writer’s notes where court has ordered this ex proprio motu.

Extension of shorthand writer’s notes where not ordered ex proprio motu.

Type of work

No prior approval required

Prior approval is needed

Statutory reports under the Adults With Incapacity Act 2000

If report is mandatory in AWI proceedings being raised, or is ordered by court, AND will cost less than £3,000, no prior approval is needed.

Second or subsequent reports, or reports other than the first set of statutory mandatory reports require prior approval in AWI cases.

If the cost of a first report, which is mandatory in proceedings being raised or ordered by court, is to exceed £3,000, prior approval for unusually large expenditure is required.

Type of work

No prior approval required

Prior approval is needed

Transcript of evidence

Obtaining a transcript of evidence where court has ordered this ex proprio motu.

Obtaining a transcript of evidence where not ordered ex proprio motu.

Type of work

No prior approval required

Prior approval is needed

Whether or not prior approval required, are there guidelines on how cost will be assessed?

Interpreting & translation

Interpreting and translation costs for the applicant (but please note there are limits on what we can pay. We have a dedicated webpage about interpreting and translating.

Prior approval is required for interpreting or translation for the benefit of someone other than the applicant

We have a dedicated webpage about interpreting and translating.

Please note:

You always need our prior approval for work likely to involve unusually large expenditure ie expenditure on a single item of work costing above £3,000 (excluding VAT) where the proposed expenditure has not already been covered by a grant of approval in relation to counsel, expert or unusual work.

We have no power to grant retrospective approval for work likely to involve unusually large expenditure and so it is important that you obtain our prior approval.

TOOL: find a template prior approval