Press Release
Next steps in legal aid reform programme
1 March 2007
The Legal Services Commission (LSC) has today published a number of papers that take forward the legal aid reform programme set out in Legal Aid Reform: the Way Ahead, published in November 2006.
The papers provide the detail for key reforms in civil and family legal aid and the use of electronic systems to reduce administration. They reflect comments and concerns raised during the original consultation on Lord Carter’s recommendations, Legal Aid: a sustainable future and will ensure the long-term sustainability of legal aid.
Commenting on the publication of the papers, Carolyn Regan, the LSC’s Chief Executive, said:
"It is important to stress that no cut has been made to the civil and family legal aid budget – indeed the aim is to increase the civil legal aid budget. These reforms encourage efficiency and focus resources where they are needed most. We have made important adjustments to the fee schemes in light of the many responses to the original consultation. The new fees move away from paying hourly rates and towards paying for outputs. They will help providers to adjust the way they work in anticipation of the next step of best value tendering.
"Our strategy for family legal aid, which is also published today, will ensure more integrated services that address clusters of problems and focus the available funding on priority clients. The strategy for electronic working, also announced today, is a key enabler for the Preferred Supplier scheme."
Welcoming publication of the papers, Vera Baird QC MP, Legal Aid Minister, said:
"Reforming the legal aid system is imperative. It’s about getting the best possible service for clients and the best price for the taxpayer. It provides real opportunities for providers who are efficient and deliver quality for clients.
"Forward-looking practitioners are already organising themselves to take advantage of the changes. Efficient, good quality providers will prosper. The Government values the input of practitioners and interested parties on the ongoing reform of civil and family legal aid. We encourage all those with an interest to contribute fully to the current consultations."
The papers are:
- The LSC’s strategy for family legal aid: Making Legal Rights a Reality for Children and Families. This sets out the LSC’s priorities for the delivery of family legal aid for the next five years.
- A paper re-consulting for six weeks until 16 April 2007 on revised fee schemes for care proceedings and family help – private, which will apply from October 2007. Changes include: retention of the uplift for panel membership for exceptional cases; lowering of the threshold for exceptional cases; and increasing the graduation of the fees in private law family cases.
- A paper consulting for 12 weeks until 24 May 2007 on changes to the Funding Code in relation to public law children cases. This proposes to introduce a 'reasonableness' test for Special Children Act proceedings and remove residential assessments from the scope of legal aid.
- Revised final immigration and asylum legal aid fee scheme to apply from October 2007. Changes include: removal of the proposal to introduce the early resolution payment; reduction of the exceptional case limit; and separate claims for all disbursements, including interpreter fees.
- A six week consultation – until 16 April 2007 – on the general and category-specific sections of the unified contract specification, and a separate specification for contracting for services within Immigration Removal Centres, to come into effect with the new fee schemes in October 2007.
In addition to these civil announcements, the LSC is publishing guidance and a timetable for the move to electronic working, which is an important part of the Preferred Supplier scheme.
- The Electronic-working strategy and timetable will assist with the move to full electronic working. This will mean more devolved responsibility to providers and reduced administration costs for both the LSC and providers. To date nearly 3,000 providers are submitting claims electronically that were previously input at our processing centre. By April 2008 all providers will need to be using the LSC’s current online systems. A timetable for the move to electronic working will be published as well as interim guidance to assist providers who are looking to purchase an Electronic Case Management System now.
Copies of the papers and briefing documents on the key aspects of the papers are available from the LSC’s website.
ENDS
Media information:
Richard Shand Tel: 020 7759 0491
Michaela Keating Tel: 020 7759 0444
Notes to editors:
1. The outcome of the original consultation on legal aid reforms is set out in Legal Aid Reform: the Way Ahead. A media summary of this is available from the LSC’s Press Office.
2. Copies of Legal Aid Reform: the Way Ahead are also available from the LSC’s website.
Last updated: 01 March 2007