Civil guidance on special urgency cover for Case Management Hearings in family cases updated, and new guidance on Closed Material proceedings

This update is to tell you about changes to our legal aid guidance as follows:

• Case Management Hearings in family cases – we have updated our Special Urgency guidance to clarify where no further approval is required from us
• Closed Material Procedure under the Justice and Security Act 2013 – we have added guidance on how to notify us when the Closed Material Procedure has been invoked.

Case Management Hearings in family cases

New rules for family court cases came into effect on 25 September 2023.

In terms of the Act of Sederunt (Ordinary Cause Rules 1993 Amendment) (Case Management of Defended Family and Civil Partnership Actions) 2022 an Initial Case Management Hearing will generally be scheduled to take place at the same time as the first Child Welfare Hearing.

We have updated our guidance on Special Urgency to make it clear that no further approval from SLAB is required where:

1. you already have cover in place under Regulation 18(1)(a) and (2) (commonly referred to as ‘SU2’),
2. the Case Management Hearing and Child Welfare Hearing are to take place at the same time and date.

However, when a Case Management Hearing and Child Welfare Hearing are not taking place at the same time and date, you will need to apply for prior approval for special urgency cover to carry this work out under Regulation 18(1)(b).

Please see our legal aid guidance:

• List of circumstances in which you may undertake urgent work without prior approval
• Special urgency guidance: family cases

Closed Material Procedure under the Justice and Security Act 2013

The Closed Material Procedure allows for the disclosure of information sensitive to national security in closed proceedings, to a judge and a Special Advocate appointed to represent the other party’s interests, without having to disclose the material to the other party, their usual legal representatives, or the public.

Where a grant of legal aid is in place for the underlying ‘open’ proceedings, there is no need for a fresh legal aid application to be submitted in respect of the Closed Material Procedure.

You should notify us with an online message that the Closed Material Procedure has been invoked and provide details.

The applicant and the nominated solicitor do not have a role in the closed proceedings, so we would not expect significant costs to be incurred in connection with the Closed Material Procedure itself.  However, if needed, a case cost increase application may be submitted to cover the cost of any additional work necessitated by this procedure.

Please see our legal aid guidance:

• Closed Material Procedure under the Justice and Security Act 2013

Further information
Please contact Wendy Dalgleish, Head of Civil and Children’s Legal Assistance
T: 0131 240 1894
E: dalgleishwe@slab.org