Press Release

Public Defender Service - the Way Ahead

21 February 2007

The future shape of the Public Defender Service (PDS) has been proposed by the Legal Services Commission (LSC) in the light of independent research findings, the needs of clients and wider legal aid reforms outlined last November in Legal Aid Reform: The Way Ahead.

The PDS was established in 2001 as the first salaried criminal legal aid service in England and Wales. PDS staff are directly employed by the LSC. The majority of criminal legal aid work is contracted out to private firms.

Carolyn Regan, Chief Executive of the Legal Services Commission, said: “The Public Defender Service has demonstrated that it can provide high quality, independent advice to people who need criminal defence services. Because of the way the PDS was initially set up some offices have proved to be more cost effective than others. Moving forward, the PDS will provide improved value for money while continuing to provide good advice to clients.

“The PDS clearly has an important role to play in the future provision of quality criminal defence services. In addition to providing legal advice to vulnerable members of the public, the PDS will also help the LSC model the impact of proposed changes in policy and delivery for criminal defence practice. This first hand practical knowledge will also enable the LSC to act in an informed way with its partners in the wider Criminal Justice System.”

An impartial research team found that the PDS provides a better quality of service overall than private practice. They also found that the independence of the advice given by the PDS was not affected by being directly employed by the LSC. In addition over 90% of PDS clients were satisfied with the service they received and would recommend the PDS to someone else.

The Cheltenham and Darlington PDS offices are cost-effective and important local providers. In addition to providing services for local clients these offices provide the LSC with benchmarking information and act as a test bed for service delivery. The Pontypridd and Swansea PDS offices have made significant improvements in terms of cost effectiveness since they first opened. The LSC will review the performance of the Pontypridd and Swansea offices after the next financial year, looking for further improvements. All four of these PDS offices will continue.

Legal Aid minister, Vera Baird said: “The four PDS offices which will go forward offer a strong platform for the PDS of the future.”

The LSC proposes not to reopen the Middlesbrough PDS, which closed part way through 2006. The Middlesbrough staff are now working in the Darlington office.

The LSC proposes to close Birmingham, Chester and Liverpool PDS offices. They all operate in areas with ample alternative Criminal Defence Service supply, which is likely to be why they did not capture enough of the work to give value for money.

We are currently consulting with staff and trade unions. Staff will be offered career guidance and counselling and wherever possible alternative employment in the PDS or elsewhere in the LSC.

Where possible, the offices will finish existing clients’ cases. However, if necessary, the client will be consulted and their case will be forwarded to another high quality legal aid service provider in the area.

ENDS

Media information:

Dan Kellingley Tel: 020 7759 0415

Notes to editors

Gaynor Ogden, Head of Employed Services, is available for interview to discuss the future direction of the PDS.

Copies of the PDS research can be downloaded from our website. A printed version of the report will soon be available through The Stationary Office.

Copies of PDS Annual Reports can be downloaded from our website.

Last updated: 21 February 2007