NEW DUTY ADVOCATE SCHEME

What the Scheme entails

The purpose of the Scheme is for solicitors to provide assistance and advice to litigants in international proceedings, initially on a pro bono basis. We suggest

this can include:

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1. Providing advice before, during and after hearings;

2. Representing a client at a hearing, including undertaking the advocacy at a hearing at your discretion;

3. Liaising with and instructing counsel if you so decide (who will also appear on a pro bono basis);

4. Assessing the client for legal aid and exploring alternative funding options with them;

5. Signposting the client on for support or other assistance, including with embassies, legal charities, other sources of advice, and mediators (specifically Reunite).

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There is no obligation to go on court record, nor to provide continuous advice to a client. We would hope that firms will assist where they can, for as long as they feel comfortable. All we ask is that solicitors do what they can to assist clients and the court by advising those who approach the Scheme. It may involve assisting at short notice, perhaps by telephone, or by video call, or indeed in person.

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CALA’s Role and who the Scheme is aimed at

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CALA will play no role in instruction of solicitors or counsel, or indeed in relation to the provision of any assistance or advice; we act as a pro bono signposting service, connecting litigants in person with specialist solicitors. As such, each firm of solicitors is obliged to follow their own professional duties and obligations, including insurance, provision of advice, client care, and complaints handling – as is the case with other Duty Solicitor Schemes. You may wish to consider the Law Society’s Practice Note, “Court duty scheme for private law family clients” (https://www.lawsociety.org.uk/en/topics/family-and-children/court-duty- scheme-for-private-law-family-clients ). Solicitors may also wish to consider how you provide this information to enquiries that come through the Duty Advocate Scheme.

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CALA cannot vet or guarantee any advice, but by signing up to this Scheme, you confirm your firm holds specialist Resolution accreditation in child abduction and/or hold the relevant expertise in this specific area of law. Each firm is responsible for their own advice under this Scheme; CALA plays no role in the provision of this advice.

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This Scheme is aimed at helping litigants in person, in any shape or form, in proceedings in the High Court. They may be respondents to abduction proceedings, unaware of their ability to obtain legal aid. They may be applicants attending court in person, unaware of how to proceed with international cases. They may be summoned to attend a hearing, or detained by the Tipstaff and held in the cells. We do not seek to limit who can access this service – we simply seek to assist them and point them in the right direction wherever possible.

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For any further enquiries, please contact CALA on: james.netto@iflg.uk.com

Thank you