Press Releases pre-May 2010

The Law Society have today issued a press release which claims that criminal legal aid providers will not have clear information about the new 6-month criminal legal aid contract, which begins on 14 January 2008, before they are asked to sign it.

Full details of the application process for the new contract, which will run from 1 October 2007 to 31 October 2007, will be sent to all current General Criminal Contract holders by the end of this month with all the contract documentation published on our website on Friday 28 September.

The new contract will, for the most part, be the one which the Legal Services Commission (LSC) would have issued for introduction next month, but for the recent judgment by Mr Justice Beatson on the Unified Contract judicial review.  Apart from changes linked to that judgment, all the changes contained in the new contract have already been the subject of extensive consultation.   

The response to the consultation on the new Crown Court Litigators’ Graduated Fee Scheme (which will be delivered by statutory regulations, rather than the contract) will be published in early October to enable providers to understand its impact before signing the contract. 

The LSC refutes The Law Society’s claim that it has refused to provide them with a copy of the new contract, and has refused to meet representative groups.  The LSC met with The Law Society on Thursday 20 September and provided details of the application process for the new contract.  We agreed at this meeting to provide The Law Society with an advance copy of the new contract.

The Law Society asserts that firms cannot sign the new contract without having the detail of a future best value tendering scheme.  It is the LSC’s intention to issue a consultation document on best value tendering in November.  But this will aim to establish providers’ views on the way forward and will address general principles; it will not provide the level of detail which The Law Society seems to be seeking.  It certainly will not provide the detailed information which will enable a provider to decide to enter a future tender run on best value lines in a particular area.

Providers are being asked to accept the new contract on its own terms for six months, and to understand that the LSC’s intention over the coming years is to introduce best value tendering, subject to consultation.  Best value tendering will enable firms to be paid at a price which reflects the cost of providing publicly funded work and which is agreed by both sides. We believe that is an assurance on which providers can base their longer-term thinking.

The Law Society says they reject the implication that it is to blame for the LSC offering a short-term contract.  The need for a short-term contract to deliver the criminal legal aid reforms does stem from the judgment on the Unified Contract judicial review.  Given our funding constraints, the alternative would have been to leave the General Criminal Contract unamended and reduce legal aid spending elsewhere.  The Government and LSC have made it clear that the existing reform programme is the best way forward and will continue to deliver it in a measured way taking account of providers’ views. But there cannot be an unending process which delays change indefinitely.

Media information

Richard Shand  Tel: 020 7759 0491

Notes to editors

1. The LSC announced the application process for the new criminal legal aid contract from 14 January 2008 on Friday 21 September.