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In legal aid cases, expert fees are not negotiable. The Legal Aid Agency (LAA) sets fixed hourly rates for every type of expert work, including psychiatric assessments. These rates vary by case type (criminal, civil, family), geography (London vs non-London rates), and the expert’s specialism. The expert’s bill must not exceed these fixed rates, and any work beyond the estimated hours requires prior approval.
The fixed rate system
The Legal Aid Agency publishes a schedule of experts’ fees in the Civil and Criminal Legal Aid (Remuneration) Regulations. These rates are fixed by statute; there is no discretion. An expert cannot charge more, and the solicitor cannot negotiate a higher rate.
The rates cover the expert’s time for report preparation, reading records, examination of the claimant or defendant, and attending court (though court attendance is sometimes a separate calculation). Travel time is usually not charged separately at the full hourly rate; instead, travel is reimbursed as a disbursement at a fixed mileage rate.
Current rates for criminal cases
The Criminal Legal Aid (Remuneration) Regulations 2013, Schedule 5, sets the following rates as at September 2022:
Psychiatrist (including general adult, forensic, perinatal, old age): £124.20 per hour (non-London), £82.80 per hour (London).
Psychologist (clinical and educational): £107.64 per hour (non-London), £82.80 per hour (London).
Child psychiatrist: £124.00 per hour (non-London), £83.00 per hour (London).
Neuropsychiatrist: £145.00 per hour (non-London), £83.00 per hour (London).
These rates apply to work done on criminal cases, including Crown Court trials, magistrates’ court proceedings, and appeals.
Note: Rates are reviewed periodically by the Ministry of Justice. The rates quoted above were amended in September 2022. Always check the current regulation (legislation.gov.uk, SI 2013/435, Schedule 5) for any changes since then; the brief notes that the task year is 2026, and rates may have been adjusted.
Civil and family case rates
Civil and family legal aid cases have separate regulations with similar rate tables. Rates may vary by case type and region. The solicitor must identify which regulation applies and quote the correct rate in the instruction letter.
London vs non-London rates
The regulations distinguish between London and non-London rates. London rates are lower (reflecting that experts in London have lower travel costs and higher competition). Generally:
- London rates apply if the expert is based in London postcodes or the work is performed at a London court.
- Non-London rates apply if the expert is based outside London.
There are a small number of areas (e.g. certain parts of the South East) where transitional or mid-point rates may apply, but this is rare.
The solicitor should state which rate applies in the letter of instruction to avoid later dispute. If the expert’s location is unclear, the LAA’s guidance is that the expert’s registered practice address is the determinant.
Prior authority and estimated hours
Before work begins, the legal aid certificate must authorise expert evidence. The solicitor must estimate hours (preparation, examination, travel, court). If work exceeds the estimate, further prior authority is required. The expert should alert the solicitor immediately if hours will be exceeded; the solicitor must apply to the LAA for extension.
Cancellation and non-attendance fees
Cancellation fees are payable only if the client cancels within 48 hours or fails to attend without notice. If the expert cancels, there is generally no payment. The letter of instruction must state the cancellation policy clearly. Cancelled examinations must not be charged to legal aid unless the cancellation fee policy is met.
What is not payable under legal aid
The following are typically not payable by the Legal Aid Agency out of the fixed expert rate:
- Travel costs at the expert hourly rate: travel is a disbursement, reimbursed at mileage rates set by the LAA (e.g. 45p per mile), not at the hourly rate.
- VAT: the rates in the schedule are inclusive; VAT is not added.
- Reports obtained from third parties (e.g. psychology test scoring by a technician): these must be approved in advance and are subject to different fee rules.
- Expert attendance at court beyond a specified number of hours: in some schemes, the first day of court attendance is included in the report fee; days beyond that are separately calculated. Check the relevant regulation.
- Telephone conferences beyond standard discussions: most standard telephone or video calls with the solicitor are included in the hourly rate; unusually lengthy or frequent discussions may need to be flagged.
If the expert incurs costs (e.g. ordering medical records from a hospital, or a neuropsychological test fee) these are reimbursed separately only if approved in advance by the LAA or the solicitor. The expert should ask the instructing solicitor for approval in writing before incurring such costs.
Invoicing and payment
The expert bills the legal aid costs office or the solicitor’s legal aid department, not the client directly. Payment is typically 30–60 days after invoice, sometimes longer if the legal aid agency queries the bill.
The invoice must include:
- Case reference and party name.
- Dates of all work done (preparation, examination, court attendance).
- Hourly rate and total hours claimed.
- Confirmation that the rate charged does not exceed the LAA fixed rate for that expert category.
- Any approved disbursements (travel, records requests).
- Copy of the letter of instruction or case details.
If the invoice is queried by the LAA, the expert may be asked to provide evidence of the work (e.g. dated notes, examination records). If hours are disputed, the LAA has authority to reduce the payment; this is rare but can happen if the claimed hours appear excessive compared to the complexity of the case or the report produced.
Prior authority pitfalls
Common errors that delay payment:
- Instructing without prior authority: the expert begins work before the legal aid certificate has been amended to include expert evidence. Payment is often withheld until the certificate is corrected.
- Exceeding the hour estimate without asking: the expert works 25 hours but the certificate approved only 15. The LAA may pay only for the 15 hours unless the solicitor obtained a further prior authority.
- Charging London rates when non-London rates apply (or vice versa): this will be challenged.
- Including VAT: some experts invoice VAT separately, but legal aid rates are VAT-inclusive. The invoice is rejected and must be amended.
The solicitor should clarify all these points in the letter of instruction to prevent delay.
Key points
- Legal aid expert fees are fixed by statute; rates for psychiatrists range from approximately £82–£145 per hour depending on specialism and geography.
- Prior authority from the Legal Aid Agency is required before the expert begins work.
- Hours must be estimated in advance; work exceeding the estimate requires a further prior authority application.
- Travel is reimbursed as a separate mileage disbursement, not at the hourly rate.
- Cancellation fees are payable only if the client cancels within 48 hours or fails to attend.
- Invoices must not include VAT or costs not approved in advance.
- Always check the current regulations (legislation.gov.uk) for the rates applicable in your case type (criminal, civil, family).
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