# Adjourned hearing fee

**URL:** <https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975>\
**Category:** Other\
**Tags:** legal-aid\
**Created:** [7 June 2022 10:55 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975 "2022-06-07T10:55:12Z")\
**Posts on this page:** 13\
**Page:** 1

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [7 June 2022 10:55 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/1 "2022-06-07T10:55:12Z")

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How many units do the LAA require before an adjournment fee can be claimed for an online MHT? This seems to have slipped my mind and I can’t find the info anywhere.

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**Author:** ![AdamMarley](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/59ef9b/32.png) [@AdamMarley](https://forum.mentalhealthlaw.co.uk/u/AdamMarley)\
**Post date:** [7 June 2022 11:03 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/2 "2022-06-07T11:03:09Z")

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Hi Karen,

How do you mean? If you attend for an online hearing and it is adjourned you can claim the fee.

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**Author:** ![desiwilliams](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ed655f/32.png) [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\
**Post date:** [7 June 2022 11:06 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/3 "2022-06-07T11:06:33Z")

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I think it is 3 units but I cannot find definitively

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**Author:** ![SK-REDMNS](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/87869e/32.png) [@SK-REDMNS](https://forum.mentalhealthlaw.co.uk/u/SK-REDMNS)\
**Post date:** [7 June 2022 11:12 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/4 "2022-06-07T11:12:52Z")

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At least 3 UNITS.

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**Author:** ![catherine](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/c67d28/32.png) [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\
**Post date:** [7 June 2022 11:21 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/5 "2022-06-07T11:21:41Z")

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It is 3 units - see this link

[Legal Aid Agency, ‘Civil news: fee rules change for mental health remote hearings’ (16/7/20) - Mental Health Law Online](https://www.mentalhealthlaw.co.uk/Legal_Aid_Agency,_%27Civil_news:_fee_rules_change_for_mental_health_remote_hearings%27_(16/7/20))

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**Author:** ![catherine](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/c67d28/32.png) [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\
**Post date:** [7 June 2022 11:22 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/6 "2022-06-07T11:22:37Z")

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Correcting myself - 15 minutes to be precise!

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**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\
**Post date:** [7 June 2022 11:25 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/7 "2022-06-07T11:25:13Z")

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It is not necessarily 3 units (or 15 minutes as the Contract says). Paragraph 9.85A applies from the category specific rules here:

[Legal Aid Agency, ‘2018 Standard Civil Contract: Category Specific Rules: Mental Health (section 9)’ (7/8/20)](https://www.mentalhealthlaw.co.uk/Legal_Aid_Agency,_%272018_Standard_Civil_Contract:_Category_Specific_Rules:_Mental_Health_(section_9)%27_(7/8/20))

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [7 June 2022 12:42 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/8 "2022-06-07T12:42:17Z")

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Thank you all.  
Deborah -surely the 16/7/20 rule change trumps the category specific rules?

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**Author:** ![catherine](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/c/c67d28/32.png) [@catherine](https://forum.mentalhealthlaw.co.uk/u/catherine)\
**Post date:** [7 June 2022 12:53 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/9 "2022-06-07T12:53:54Z")

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LAA has amended the [Standard Civil Contract 2018]. The link I sent shows the “new rules”. It’s 15 mins.

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [7 June 2022 16:41 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/10 "2022-06-07T16:41:43Z")

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Yes - Catherine - that’s what I understand to be the case.

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**Author:** ![DeborahR](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ac8455/32.png) [@DeborahR](https://forum.mentalhealthlaw.co.uk/u/DeborahR)\
**Post date:** [7 June 2022 17:40 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/11 "2022-06-07T17:40:07Z")

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They are the same thing - the 16/7/20 rule change referred to in the MHLO article is the amendment to the Category Specific Rules of the Contract that inserts paragraphs 19.85A and 19.85B - it sets out three possible separate circumstances in which an adjourned hearing fee is claimable for a remote hearing which are, in summary, 1 - if you have travelled to the client’s location to take part in the hearing, 2 - if you have incurred advocacy costs irrespective of duration OR 3 - if you have incurred non advocacy attendance costs of at least 15 minutes.  
So if 1 or 2 apply you don’t need to worry about the 15 minutes duration, that would be relevant only if neither 1 or 2 apply and then you have to look at 3.

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<div class="post-metadata">

**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [8 June 2022 10:07 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/13 "2022-06-08T10:07:13Z")

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Yes- Deborah that’s what I understood you to mean.

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [18 June 2022 14:29 UTC](https://forum.mentalhealthlaw.co.uk/t/adjourned-hearing-fee/975/14 "2022-06-18T14:29:59Z")

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The summary at [Legal Aid Agency, ‘Civil news: fee rules change for mental health remote hearings’ (16/7/20)](https://www.mentalhealthlaw.co.uk/Legal_Aid_Agency,_%27Civil_news:_fee_rules_change_for_mental_health_remote_hearings%27_(16/7/20)) wasn’t as clear as it should have been. It now reads:

> **Adjournment fee for remote hearing** The LAA has amended the [Standard Civil Contract 2018](https://www.mentalhealthlaw.co.uk/Standard_Civil_Contract_2018) to specify that the adjourned hearing fee may be claimed for remote hearings where: (1) the representative has incurred (a) some travel costs, (b) some advocacy costs, or (c) (if 15 minutes elapse between the actual/scheduled hearing start and the adjournment/postponement/cancellation) some non-advocacy attendance costs; and (2) the representative has taken reasonable steps to prevent any of these costs being incurred. The new rule will be applied retrospectively.
