October 2009 New family legal aid fixed fees

In October, the Ministry of Justice and Legal Services Commission amended their plans for family legal aid following responses to their recent consultation.  The LSC received 1,491 responses, of which over 800 were individual barristers to the consultation “Family Legal Aid Funding from 2010” that focused on the Private Family Law Representation Scheme and Family Advocacy Scheme. In a summary of responses the LSC admitted that:

“that there is a considerable depth of feeling in relation to the proposals and great concern over their potential impact on family providers undertaking legally aided work and on the Family Justice System”

A key theme running through responses was that “the fee levels had been set too low and that they would not be prepared to work at these rates.”

As a result, several changes to the original proposals have been made, including:

  • in family advocacy, fixed fee schemes will be introduced for both public and private law but these will be time based rather than on a per hearing basis and preparation payments will be available to both barristers and solicitor advocates;
  • standard fees will still be introduced for private law representation but with additional levels for preparation for a final hearing and for the final hearing itself;
  • independent social work will not be removed from scope in private law cases, as was initially proposed, though rates will be capped at those paid by CAFCASS.

    • However, David Emmerson, Chair of Resolution’s Legal Aid Committee has warned:

    “The potential of these new fees to cause substantial and long term damage to the provision of family legal aid for separating families has been grossly underestimated,”
    “Some of these fees represent a cut of more than 40 percent to hourly rates that have already remained static for the last ten years. Faced with this uneconomic scenario there is a very real danger that firms will walk away from legal aid work, further undermining access to justice.”

    The number of family legal aid practices in the country has dramatically dropped, from 4,500 in 2000 to 2,800 in 2006.

    The schemes will be implemented from October 2010.

    LSC Consutation: LSC Family Legal Aid Funding From 2010 Consultation.pdf
    LSC Response: LSC Family Legal Aid 21.10.09.pdf

    Press Notice: MoJ Press Release 21.10.09.doc
    Ministerial Statement: Written Ministerial Statement from Bridget Prentice.doc

    Link: Legal Services Commission

    Comments from Resolution: Resolution 21.10.09.doc


    September 2009 Legal Aid: Refocusing on Priority Cases

    The Ministry of Justice published ‘Legal Aid: Refocusing on Priority Cases’ on 16th July 2009.

    The paper set out proposals for reforming the legal aid rules. They included strengthening public interest considerations in deciding whether to grant civil legal aid; ceasing to provide funding for low priority civil and criminal matters, where issues can be resolved instead through complaints procedures or ombudsman schemes; restricting access to civil legal aid for those not resident in the UK; and notifying the other side when civil legal aid is applied for to discourage fraudulent applications.

    Consultation Paper: Legal aid Refocusing on priority cases.pdf

    Some Reponses

    Advice Services Alliance: ASA 13.10 .09.pdf
    Public Law Project: Public Law Project 01.10 09.pdf
    Immigration Law Practitioners Association: ILPA 08.10.09.pdf
    Matrix Chambers: Matrix Chambers 10.09.pdf
    Young Legal Aid Lawyers: Young Legal Aid Lawyers.pdf


    September 2009 Legal Regulation Review (Lord Hunt of Wirral)

    The Law Society has commissioned a review that will advise on the future regulation of law firms. This review will produce a series of recommendations aimed at ensuring that legal services regulation is effective for consumers, businesses and the legal sector. Lord Hunt of Wirral, who has broad experience of the legal profession and of regulation in other sectors is conducting the review.

    Call for Evidence Paper (2008): Lord Hunt Call for Evidence 2008.pdf
    Law Society Brief: Terms of Reference.pdf

    Legal Regulation Review website: Legal Regulation Review
    Link to Law Society Regulatory Practice Review: Law Society

    Evidence

    Law Society: Regulation Review Law Society 09.04.09.pdf
    Law Society Press Release (23.04.09): Law Society Press Release April 09.doc
    Nick Smedley (Ministry of Justice): Review of the Regulation of Corporate Legal Work 03.09.pdf

    The review is expected to take nine months and will involve a number of key stages including initial work and meetings with key stakeholders, the publishing of a consultation paper and the start of a major consultation programme followed by consideration of recommendations and the publication of a final report.
    The aim is to influence the new system of regulation being ushered in by the Legal Services Act 2007.

    The Law Society welcomed an interim report by Lord Hunt published on 1st May 2009. A copy of the report is here:  Initial Response to Evidence May 2009.pdf

    Lord Hunt’s Final Report: Legal Regulation Report October 2009.pdf

    Responses

    Law Society: Law Society Press Release 05.10.09.doc
    Solicitors Reglation Authority: SRA Response 05.10.09.doc
    Legal Services Board: LSB Response 05.10.09.pdf


    September 2009 LSC 2010 Civil Contract

    The Legal Services Commission announced at the end of July that the tender process for the new civil legal aid contracts would be postponed for six months with the new three year civil contracts now beginning in October 2010. 

    The LSC had published their original plans for contracting with civil legal aid providers on 30th June 2009.

    Notice of the new bidding round: LSC Notice 30.06.09.doc

    LCF Briefing: LSC Civil Contract LCF briefing 01.07.09.doc

    LSC Contracting Plans: Civil Bid Round for 2010 Contracts 30.06.09.pdf

    Consortia- new proposals: LSC Consortium Arrangements 7th July 09.pdf

    Minimum Criteria: Summary of Minimum Requirements Annex A.pdf
    Procurement Areas: Maps of Procurement Areas 02.07.09 Annex B.pdf

    LSC are giving providers two months to prepare for the bid process which will be via e-tender, which means that the applications will only be accepted through the LSC online portal.

    Timeline (announced by LSC on 21st October)

    Following the LSC’s postponement announced back in July 2009, LSC has extended the current Civil Contract for six months.  Current contracts will now come to an end on 30th September 2010 and the new civil legal aid contract will come into effect on 1st October 2010.

    The bid round for immigration opened on 30th November. Civil work is scheduled to start on 8th February. The rounds will be open for seven weeks

    Link to LSC information: LSC 2010 Contracting Papers

    Media Coverage

    Law Society Gazette: Law Society Gazette 01.07.09.doc
    Legal Action Group:  Legal Action Group 01.07 .09.doc


    September 2009 Backing the Future: why investing in children is good for us all

    ‘Backing the Future: why investing in children is good for us all’ was published by the New Economics Foundation in September 2009. It provides the economic and social case for transforming the way we invest in the future of society through our children. To achieve lasting change, Backing the Future demonstrates why it is essential to address the impact of the structural factors affecting the circumstances of children’s lives, such as poverty and inequality, together with psychological and social dimensions of their well-being.

    The paper highlighted the need to:

  • Invest in targeted interventions that we know work for our most vulnerable children to improve outcomes and short-circuit the intergenerational cycle of disadvantage.
  • Invest in high-quality universal services and parental provisions to build the foundations for a more equitable and well-functioning society over the medium and longer term.
  • Reshape targeted and universal services so that they build on the assets and strengths of children, young people and their families as well as address their needs.

    • The report was produced in partnership with Action for Children

    The Report:  NEF Backing the Future 09.09.pdf

    Link to: New Economics Foundation


    September 2009 Poverty, inequality and human rights - Do human rights make a difference?

    Research by the Joseph Rowntree Foundation published in September 2009 looks at how other countries have used human rights to tackle poverty and how this could be applied in the UK.  It was written by Alice Donald and Elizabeth Mottershaw, associates of Global Partners and Associates (GPA),

    The report covers:

  • how human rights have been used to understand poverty;
  • how communities experiencing poverty use human rights to act against injustice, build alliances between disparate groups, and articulate their conditions and claims;
  • the tools that communities and their allies use to hold the state accountable for its human rights obligations;
  • how human rights have been implemented in practice in anti-poverty work by governments and other organisations; and
  • lessons for integrating human rights and anti-poverty work in the UK.

    • Copy of the Report: JRF Poverty Inequality an Human Rights.pdf

    JRF Publications


    September 2009 Supervision in legal aid firms

    Young Legal Aid Lawyers (YLAL) published the findings of a survey on supervision of caseworkers in legal aid firms in September 2009. The survey was completed by 78 respondents between December 2008 and July 2009. YLAL propose the following possible solutions to ensure good-quality legal services in the future. They say that the LSC should:

  • urgently review its supervisor-ratio requirements for future contracts, bearing in mind the concerns of junior lawyers;
  • require a ratio of at least one supervisor to four caseworkers in all areas;
  • require a higher ratio of at least one supervisor to two caseworkers or another enhanced supervision standard in the following situations:
    where the supervisor is not qualified or has less than ten years’ experience in the relevant area of law; or
    where the caseworker is not qualified and has less than five years’ experience in the relevant area of law; or
    where the area of law is complex;
  • create an enhanced supervisor standard based on ability and experience rather than hours worked; and
  • provide tangible rewards for organisations that maintain a high ratio of supervisor to caseworker.

    • Copy of an article in LAG bulletin September 2009 edition: Supervison Ratios Research.pdf

    Links: Legal Action Group and Young Legal Aid Lawyers


    September 2009 The importance of being connected: Why, how and when referrals are made by community groups

    New Advice Services Alliance research explores why, how and when community groups refer their users to advice agencies, solicitors and other organisations for support.

    Summary by ASA: Importance of being connected ASA Summary.doc

    The Report: Importance of being connected ASA 09.09pdf.pdf


    August 2009 Poverty, inequality and human rights - Do human rights make a difference?

    Research by the Joseph Rowntree Foundation published in September 2009 looks at how other countries have used human rights to tackle poverty and how this could be applied in the UK.  It was written by Alice Donald and Elizabeth Mottershaw, associates of Global Partners and Associates (GPA),

    The report covers:

  • how human rights have been used to understand poverty;
  • how communities experiencing poverty use human rights to act against injustice, build alliances between disparate groups, and articulate their conditions and claims;
  • the tools that communities and their allies use to hold the state accountable for its human rights obligations;
  • how human rights have been implemented in practice in anti-poverty work by governments and other organisations; and
  • lessons for integrating human rights and anti-poverty work in the UK.

    • Copy of the Report: Poverty Human Rights and Inequality Report.pdf

    Other JRF Publications


    August 2009 Legal Aid: Funding Reforms

    This consultation paper published by the Ministry of Justice on 20th August sets out proposals to rebalance legal aid spending. The Ministry aims to generate savings to help sustain the legal aid budget over the next spending review period, ensure that criminal legal aid is spent effectively, and protect the civil fund as far as possible from any rise in criminal spend in the short to medium term.

    The Ministry of Justice seeks to prioritise access to social welfare law advice during the economic downturn. The Ministry needs to make £1 billion of efficiency savings in the period to March 2011.  To contribute to these savings, it has asked the Legal Services Commission to find an additional 5% savings from their administrative budget in this financial year, and 10% in the next.

    This consultation closed on 12th November 2009.

    The Consultation: Legal aid - Funding Reforms.pdf


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