Select Committee on Constitutional Affairs First Special Report


Appendix


Letter from Brian Harvey, Acting Chief Executive, Legal Services Commission to Rt Hon Alan Beith MP, Chairman, Constitutional Affairs Committee

SPECIALIST SUPPORT CONTRACTS

I am writing to inform you that the Commission has given careful consideration to the concerns raised since our decision, communicated on 16 January this year, to terminate the CLS Specialist Support contracts. In the light of that consideration, in particular consideration of the process of consultation that was undertaken, the Commission has decided to review its decision. Accordingly, we have today written to all Specialist Support contract holders to inform them of this. I enclose a copy of the press statement we have also issued today.

This action is of course in accord with the views expressed by your Committee in its recent Report.

The Commission intends to publish its CLS Strategy (a draft of which has already been subject to public consultation) shortly. Once that document is published, and in the light of its content, the Commission intends to formulate and bring forward proposals relating to the future of the Specialist Support initiative.

These proposals will set out any changes the Commission proposes to make and the basis and reasons for the proposed changes. Once the proposals are formulated, Specialist Support contract holders will be consulted.

22 March 2006

PRESS STATEMENT: CLS SPECIALIST SUPPORT SERVICES

The Commission has given careful consideration to the various points raised in the judicial review proceedings and otherwise. In the light of that consideration, particularly of the process of the consultation that was undertaken, the Commission has decided to review its decision to terminate the Specialist Support contracts and has today written to the providers informing them that their contracts will continue for the time being. Specialist Support services will therefore continue, under the same terms, after 19 July 2006, assuming providers are willing to continue to provide them.

In the light of this announcement, we have asked the claimants in the judicial review proceedings to withdraw their challenge to the termination decision and have offered to pay their reasonable costs to date.

We regret the disruption our decision to terminate the Specialist Support services has caused the providers.

We will be publishing our final five-year strategy for the Community Legal Services very soon, following last year's consultation. Once that document is published, and in the light of its contents, the Commission intends to formulate proposals about the future of the Specialist Support initiative. Those proposals will set out:

a)  any changes the Commission proposes to make; and

b)  the basis and reasons for any such proposed changes

Once the proposals are formulated, Specialist Support providers will be consulted and given a reasonable opportunity to make representations. Those representations will be fully considered before any final decision is taken. The final decision on whether to adopt any proposed changes will be taken by our Commissioners.

We cannot rule out the possibility that the process we now intend to follow will herald further changes to, or termination of, the Specialist Support initiative. However, the Commission intends to consider all options, on their merits, with an open mind.

Legal Services Commission
22 March 2006


 
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