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Peer Review
On this page:
- What is Peer Review?
- Why is peer review an independent process?
- What are the stages of peer review?
- What is the output of Peer Review?
- How are peer review results fed back?
- How does peer review affect providers?
- Can providers challenge a peer review result?
- How many Peer Reviewers are there?
- How are Peer Reviewers recruited?
- How do you apply to be a Peer Reviewer?
- What are the criteria to become a Peer Reviewer?
- When is the next recruitment round?
- Rates of pay for Peer Reviewers
- What peer review activity is planned for the year ahead?
- Contact Details
- For more information
What is Peer Review?
Peer Review is a quality assessment tool, which directly measures the quality of advice and legal work carried out by legal aid providers.
The Independent Peer Review utilised by the Legal Services Commission (LSC) operates within a framework and methodology developed and managed by the Institute of Advanced Legal Studies (IALS), which is independent of the LSC.
Peer Reviewers who are experienced legal aid practitioners, assess a stratified random sample of a provider’s case files using a standard criteria and ratings system to determine the quality of advice and legal work provided to clients in a particular category of law.
The criteria are designed to highlight the quality of:
- The Information gained from the client and other sources
- The Advice given based on that information, and
- The steps taken following that advice.
Following the assessment of the files using the criteria, the Peer Reviewer makes an overall judgement about the provider’s quality of advice and legal work.
Copies of both Crime and Civil Peer Review Criteria are available in the green Documents section on the right of this page.
Full details of the Peer Review process can be found in the Peer Review final paper titled “Independent Peer Review of Legal Advice and Legal Work”. This was released on the 4 November 2005, and is available on http://www.legalservices.gov.uk/docs/civil_contracting/Independent_Peer_Review_Process1105.pdf
Why is peer review an independent process?
The peer review framework and methodology was developed, and is managed by the IALS. Peer Reviewers are recruited and trained by IALS. Peer Reviewers work independently from the LSC. They decide what rating to award based on the quality of advice and legal work. The LSC will not influence or alter the rating awarded.
What are the stages of peer review?
1. Random file list generated
2. Files requested from provider (14 days to submit files)
3. Files received at filing centre
4. Conflicts checked and files assigned to peer reviewer
5. Files sent to regional office
6. Files reviewed by peer reviewer
7. Once files reviewed they are returned to the provider
8. Report compiled by peer reviewer
9. Report sent for validation
10.Final report sent to provider
What is the output of Peer Review?
Following the review of a sample of files, the peer reviewer writes a detailed Peer Review Report. The report consists of their findings along with both positive areas and areas for improvement, and the overall quality rating.
The overall quality of advice provided is assessed using a 1–5 rating.
The ratings are as follows:
- Excellence (1)
- Competence Plus (2)
- Threshold Competence (3)
- Below Competence (4)
- Failure in Performance (5)
How are peer review results fed back?
All providers receive a written report detailing the result of their peer review. LSC staff will not be able to explain, justify or alter the report or the ratings decision as it is an independent assessment written by the peer reviewer. LSC staff may discuss with the provider how the rating will affect their contract, entry onto schemes or pilots.
How does peer review affect providers?
For ratings of Below Competence (4) or Failure in Performance (5) a further peer review (with different case files and a different peer reviewer) will be conducted. If this further review confirms the rating the LSC will take further action, which may affect the provider’s contract.
The rating may also affect entry onto schemes/pilots, for example Best Value Tendering.
Can providers challenge a peer review result?
Providers can challenge their peer review results through the representations process for ratings of Below Competence or Failure in Performance. The peer reviewer will consider the representations made and discuss these with a Senior Panel Member (SPM - Senior panel members are appointed by IALS from the existing panel of peer reviewers). Together they will decide whether, in light of the comments made by the provider, any amendments should be made to the report and if the rating should be changed. Where the Peer Reviewer and SPM cannot agree the rating, IALS is likely to seek the view of an individual with recognised expertise in the category of law. Their role is not to determine the rating but to provide expertise that should assist the peer reviewers to reach consensus.
How many Peer Reviewers are there?
In June 2008 there were 161 Peer Reviewers across 12 categories of law. These categories are:
| Action Against the Police | Clinical Negligence | Community Care |
| Crime | Debt | Education |
| Employment | Family | Housing |
| Immigration | Mental Health | Welfare Benefits |
How are Peer Reviewers recruited?
IALS manage the recruitment and training of peer reviewers. Applicants go through an open selection process. They are accepted on to the panel if they successfully meet the requirements of the recruitment and training process.
Peer Reviewers are recruited on a category specific basis.
Peer Reviewers are drawn from a range of providers across England and Wales.
How do you apply to be a Peer Reviewer?
When we are recruiting, advertisements for the position of Independent Peer Reviewer are run in LSC publications (for example, Focus, LSC update emails to all providers) and appear on The Peer Review Panel page of the LSC website.
Applications are made by completing the Peer Reviewer application form which can be found in the Documents section of The Peer Review Panel page of the LSC website; with reference to the essential/preferred peer reviewer recruitment criteria.
Applications are not accepted outside of an official recruitment round.
What are the criteria to become a Peer Reviewer?
Peer Reviewers need to meet a number of essential and preferred requirements, to view the full details of these requirements please visit the LSC website:
Applicants who are short-listed will have their own work or a mixture of their own files and those of their supervisees peer reviewed. If they are rated as Competence Plus (2) or above they will under take training in order to join the panel.
When is the next recruitment round?
We have completed a recruitment round for Crime and Community Care practitioners in June 2008.
Recruitment rounds are carried out when required and are advertised via LSC publication and on the LSC Website.
Rates of pay for Peer Reviewers
Peer reviewers receive £375 per day plus travel and subsistence expenses.
What peer review activity is planned for the year ahead?
The planned activity for 2008/2009 is to complete:
- 328 Civil Peer Reviews
- 600 Crime Peer Reviews
Contact Details
You can email any questions/queries to peer.review@legalservice.gov.uk
Alternatively you can contact a member of the peer review team using the following link to the team structure, which shows their contact details.
http://www.legalservices.gov.uk/docs/cls_main/PeerReviewTeamStructureJune2008_1.pdf
For more information
Visit the Peer Review Panel page to view information on the recruitment of peer reviewers and to see who is on the panel.
Visit the Improving your quality page to read and download our Improving Quality guides.
Last updated: 12 July 2007