The Civil Legal Aid (Procedure) Regulations 2012

PART 7 Family Mediation

General

60.  This Part makes provision about the making and withdrawal of determinations under section 9 of the Act about family mediation.

The application

61.  An individual applying for family mediation must—

(a) attend the mediator’s premises in person;

(b) complete the application form specified by the Lord Chancellor; and

(c) provide any additional information and documents requested by the Director in order to make a determination in relation to the application.

Mediators

62.  The individual must propose a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act for the mediator to provide family mediation in accordance with a code of practice approved by the Lord Chancellor.

Reasons

63.—(1) Where the Director—

(a) determines that an individual does not qualify for family mediation; or

(b) withdraws a determination in relation to family mediation,

the Director must notify the individual.

(2) In the circumstances described in paragraph (1), the Director must send to the individual—

(a) written notice of the determination or withdrawal in a form specified by the Lord Chancellor;

(b) written reasons for the determination or withdrawal; and

(c) notice of the right to a review of the determination or withdrawal,

and may provide information about alternative ways of obtaining or funding civil legal services.

(3) The withdrawal of a determination does not affect the right of the mediator to remuneration for work done before the date of withdrawal.

Withdrawal of determinations

64.  The Director may withdraw a determination where—

(a) the individual no longer qualifies for the services made available by the determination in accordance with section 21 of the Act and regulations made under that section;

(b) the services made available by the determination have been provided;

(c) the Director is satisfied that continuing to act would breach the mediator’s code of practice referred to in regulation 62;

(d) the individual consents;

(e) the individual has died;

(f) a bankruptcy order has been made against the individual; or

(g) the individual has failed without good reason to comply with a requirement to provide information or documents or in providing required information or documents has made a statement or representation knowing or believing it to be false.

Review

65.—(1) An individual may apply to the Director for a review of a determination or withdrawal of a determination about family mediation, making written representations supporting the application.

(2) The Director must—

(a) consider the application and any written representations;

(b) confirm the determination or withdrawal or substitute a new determination or withdrawal; and

(c) notify the individual of the determination or withdrawal following the review.