Evidence submitted by the Legal Services
Commission (LSC)
FUNDING OF
SPECIALIST SUPPORT
SERVICES
The decision to withdraw funding from the legal
aid budget from Specialist Support contracts to focus resources
on quality assured first-tier specialist legal advice is consistent
with the vision for the Community Legal Service set out in the
consultation strategy "Making Legal Rights a Reality".
It should be considered in the context of the overall strategic
direction of civil legal aid as set out in the strategy.
THE SPECIALIST
SUPPORT SERVICE
Specialist Support began as a pilot scheme in
2000 as part of a suite of pilots created in response to the report
"Access to Legal Services: The Contribution of Alternative
Approaches," by the Policy Studies Institute. The report
suggested a need for alternative and innovative approaches to
improve the delivery of publicly funded legal and advice services,
in terms of both public access and quality. Following an evaluation
of the pilot scheme, the LSC let mainstream contracts for Specialist
Support services in April 2004 from the Civil Top Slice Budget.
The purpose of the budget is to fund ad hoc projects that are
experimental in nature or are more appropriately co-ordinated
at a national level rather than a regional one. Money so used
comes from the capped legal help budget and thus reduces funds
that are available for mainstream legal advice.
Based on national provision and a tendering process,
17 organisations in England and two in Wales were granted contracts
to provide specialist support running for a period of three financial
years until March 2007 and with a budget of approximately £3
million per annum. Nationally, these consist of 11 not-for-profit
organizations, five solicitor firms and three barristers' chambers
(see appendix for contract values).
SERVICES PROVIDED
The main objective of the service is to raise
the competence of the legal practitioners working for the organisations
which access it, predominantly LSC contract holders. Services
provided are:
— Advice via telephone, fax, email
and letter.
in the following categories of law:
— Community Care, Debt, Employment,
Housing, Human Rights, Immigration, Mental Health, Public Law
and Welfare Benefits
THE DECISION-MAKING
AND CONSULTATION
PROCESS
The Commission's Consultation Code applies to
large-scale major contract change on a national basis. As the
Committee is aware, the Commission consulted widely on "Making
Legal Rights a Reality", which sets out very clearly the
intended direction for the Community Legal Service.
The Consultation Code does not apply to activities
funded through Top Slice expenditure (through which non-mainstream
and ad hoc activity is managed, as already noted). Top Slice activity
is considered against the following criteria:
1. How does the initiative support the LSC's
Corporate Priorities, as set out in the Corporate Plan 2005-08?
2. To what extent is the initiative compatible
with the LSC's vision for the Community Legal Service, as set
out in the strategy for the CLS?
3. Does the initiative demonstrate value
for money in light of continuing financial constraints on the
legal aid budget?
As part of the Review of Top Slice, providers
of Specialist Support services, together with stakeholders such
as the Law Society and LAPG, were invited to give their views
on the extent to which Specialist Support services meet the above
criteria over a seven-week period (which ran from 18 August to
30 September 2005).
The Top Slice review concluded that Specialist
Support services did not represent the most cost-effective approach
to delivering more and better services for clients, since the
Commission operates to well-established quality assurance processes.
All first tier advice providers from whom the LSC commissions
services should be able to demonstrate their effectiveness against
LSC quality criteria. There are procedures for dealing with providers
who fail to do so as part of its overall approach to quality assurance.
REDUCED NEED
FOR SPECIALIST
SUPPORT SERVICES
The most significant difference in the sector
since the introduction of specialist support is the provision
of additional specialist direct casework through the expansion
of CLS Direct. If a supplier is not able to help the client directly,
the client can now receive specialist help directly from the CLS
Direct telephone service in many categories of law. Crucially,
in calling or being referred to CLS Direct, a client is accessing
highly cost-effective quality-assured specialist advice.
This decision should also be considered alongside
decisions regarding other initiatives funded through Top Slice
flowing from the Review. The Select Committee report in 2004 expressed
concern about recruitment of lawyers into the legal aid sector,
and recommended that the Commission turn its attention to this
problem. The Commission invests a considerable amount of resource
in training grants for solicitors, a strategy which aims to embed
the development of the sector firmly within first tier advice
services.
To date we have launched three rounds of the
Training Contract Grants Scheme (TCGS) on an annual basis and
have provided nearly 400 grants to 338 solicitor and 49 Not-for-Profit
organisations. Following an agreement in January 2005 from DCA
which enables Training Support Grants to operate on a £10
million rolling basis, the Commission will shortly be announcing
details of a further 100 more training contracts for solicitors
supporting vulnerable clients with problems relating to family,
mental health, immigration and criminal law.
Moreover, there are now systems in place within
the Civil Legal Aid scheme and in the Community Legal Service
more widely to ensure that, without specialist support, clients
receiving first tier services can receive a high quality specialist
service, even if the supplier they first access is not able to
provide this. It should be noted that some of these systems were
not in existence when specialist support began:
— Within the Specialist Quality Mark
there are requirements for all holders of LSC contracts to meet
requirements for direct supervision, delivered either in-house
or externally, and remuneration rates for both solicitor firms
and not for profit agencies include provision for this.
— Most suppliers, and larger organisations
in particular, have developed internal systems of peer support
and support with casework.
— There is already a considerable amount
of training provided by a range of private and public organisations,
including, for example, the Legal Action Group.
— For extremely complex cases, solicitors
can seek advice from counsel.
IMPACT
The Commission has a well-established process
of quality assurance and performance monitoring by which we monitor
both the level and the quality of legal aid services. Data collected
through these normal processes will enable us to monitor the increase
in specialist services provided as a result of refocusing money
from specialist support to first tier services.
To ensure the advice delivered by first tier
agencies is of the required quality, the Commission has developed
and utilises a number of quality of advice assessment tools and
initiatives such as Peer Review which uses an experienced practitioner
in the relevant category of law to review a sample of a suppliers
files against a quality framework. Peer Review directly measures
the quality of advice and enables organisations to monitor their
legal competence, which ensures that clients receive a high standard
of legal advice.
File Assessment, where questions are asked of
suppliers in relation to quality of advice, client care and value
for money, also allows us to monitor the performance of first
tier providers. Similarly, Quality Profiles works by having a
series of category specific indicators that are drawn from case
information that suppliers report to us at the conclusion of every
case. This allows us to monitor areas for improvement.
Depending on the performance after application
of these tools, the Commission can take actions to ensure the
agency will improve its quality, including auditing, corrective
action request, and repeat use of the quality of advice tool.
If it does not improve it may lead to termination of their contracted
work.
THE WIDER
CONTEXT
The decision to terminate the contracts should
be understood in the context of the consultation strategy for
the Community Legal Service, "Making Legal Rights a Reality",
the Commission's Corporate Targets, and the increasing pressure
on the Fund.
Research into legal need
The research that underpins "Making Legal
Rights a Reality" demonstrates high levels of legal need
for first tier advice services; levels above the existing provision
in areas of high demand. The Select Committee in its 2004 report
was also concerned about a reduction in the number of clients
receiving advice from our first tier services. Specialist support
services are primarily second tier services that assist first
line services.
Corporate Target to increase Acts of Advice and
Assistance
The Commission must consolidate the progress
we have made in improving access to first-tier services, following
confirmation that we have begun to reverse a previously declining
trend in the number of new cases started on behalf of clients.
For the current financial year to date, the number of new cases
started is up 10% on the same period for 2004-05. This includes
additional new case starts for face-to-face advice and a significant
increase in the number of specialist cases carried out over the
telephone by Community Legal Service Direct.
This turnaround, is however, very recent, and
has been achieved through a renewed focus. It would be unwise
to assume that this improvement can be consolidated without refocusing
resources as far as possible.
Pressures on the civil legal aid budget
The uncapped Criminal Defence Service (CDS)
impinges on the funds available for civil legal aid. The Commission
manages the civil legal aid budget in a different financial environment
today than five years ago, when the concept of the Top Slice was
created. The pressure on the legal aid budget has led to the DCA
initiating changes in order to control and reduce costs.
SUPPORT FOR
HOUSING MATTERS
IN WALES
During April-November 2005 the Community Legal
Service provided help via face to face services in 16% more Housing
cases than during the same period in the previous financial year.
The LSC considers that the overall impact of the decision to withdraw
funding from Specialist Support services will have a positive
impact on provision to support the housing legal needs of clients
in Wales by increasing the available resource available for first-tier
specialist advice direct to clients, and to ensure that this figure
continues to rise.
Since the introduction of Specialist Support
services, the introduction and development of CLS Direct has resulted
in significantly improved direct access to first-tier specialist
housing advice. In Wales
In Wales Community Legal Service Direct provides
free information, help and advice direct to the public on a range
of common legal problems through its helpline, website and leaflets,
including Housing. All of these services are available bilingually.
The Commission is currently tendering to expand the capacity of
CLS Direct to take calls and advise Welsh speaking callers in
Housing (as well as Welfare Benefits and Debt).
The Commission also funds an emergency advice
and representation service through a duty scheme to those in immediate
danger of losing their homes, and will be introducing new schemes
in the near future.
NOT FOR
PROFIT
This decision does not represent a cut of funding
to the not- for-profit sector. The LSC has invested more in this
area year on year. This demonstrates the continuing commitment
to the sector and recognition of the value of its work. The LSC
continues to fund not for profit agencies at record levels and
sees their involvement as key in the future.
CONCLUSION
Our first responsibility remains with ensuring
the adequate provision of face-to-face and telephone advice for
those most in need. We are therefore obliged to refocus all available
resource so as to best provide high quality services that deliver
value for money.
For the reasons outlined above, the Legal Services
Commission decision to terminate specialist contracts has been
fully endorsed by DCA Ministers. During an adjournment debate
on 2 February, the Minister for Legal Aid, the Right Honorable
Bridget Prentice MP, invited fellows Members of Parliament to
provide feedback on how the proposals have impacted on their constituents.
We echo this invitation.
Annex
SPECIALIST SUPPORT
CONTRACT VALUES
| Provider | Specialist Support Hours
| Payment Rate (£) | Training Admin Hours
| Payment Rate (£) | Service Admin (£)
| Schedule Value (£) | Vat Value (£)
| TOTAL
SCHEDULE
VALUE (£)
|
| 1 Pump Court Chambers | 1,230
| 71.75 | 50 | 20
| 4,900.00 | 94,152.50 | 16,476.69
| 110,629.19 |
| Doughty Street Chambers | 324
| 71.75 | 25 | 20
| 3,150.00 | 26,897.00 | 4,706.98
| 31,603.98 |
| 2 Garden Court Chambers | 3,358
| 79.18 | 90 | 20
| 10,900.00 | 278,586.44 | 48,752.63
| 327,339.07 |
| Christian Khan Solicitors | 360
| 71.75 | 50 | 20
| 4,900.00 | 31,730.00 | 5,552.75
| 37,282.75 |
| Public Law Project Solicitors | 1,003
| 71.75 | 400 | 20
| 4,900.00 | 84,865.25 | 14,851.42
| 99,716.67 |
| Public Law Solicitors | 780 |
67.65 | 50 | 20 |
4,900.00 | 58,667.00 | 10,266.73
| 68,933.73 |
Scott-Moncrieff, Harbour & Sinclair
Solicitors
| 215 | 71.75 | 25
| 20 | 4,900.00 | 20,826.25
| 3,644.59 | 24,470.84 |
| Citizens Advice Bureau (Debt) | 1,150
| 67.65 | 150 | 20
| 7,900.00 | 88,697.50 | 15,522.06
| 104,219.56 |
| Citizens Advice Bureau (Emp) | 3,076
| 67.65 | 50 | 20
| 4,900.00 | 213,991.40 | 37,448.50
| 251,439.90 |
| Child Poverty Action Group | 1,450
| 71.75 | 100 | 20
| 4,900.00 | 110,937.50 | 19,414.06
| 130,351.56 |
| Disability Law Service | 388 |
71.75 | 100 | 20 |
4,900.00 | 34,739.00 | 6,079.33
| 40,818.33 |
Joint Council for the Welfare of
Immigrants
| 3,150 | 71.75 | 50
| 20 | 5,900.00 | 232,912.50
| 40,759.69 | 273,672.19 |
| London Advice Services Alliance | 1,450
| 71.75 | 100 | 20
| 6,600.00 | 112,637.50 | 19,711.56
| 132,349.06 |
| Liberty | 844 | 71.75
| 50 | 20 | 4,900.00
| 66,457.00 | 11,629.98 | 78,086.98
|
| MIND | 208 | 71.75
| 40 | 20 | 1,900.00
| 17,624.00 | 3,084.20 | 20,708.20
|
| Shelter | 4,081 | 71.75
| 50 | 20 | 4,900.00
| 298,711.75 | 52,274.56 | 350,986.31
|
| Terence Higgins Trust | 430 |
71.75 | 80 | 20 |
4,900.00 | 37,352.50 | 6,536.69
| 43,889.19 |
| Morgans Solicitors (WALES) | 4,333
| 67.65 | 0 | 20
| 3,900.00 | 297,027.45 | 51,979.80
| 349,007.25 |
| Shelter Cymru (WALES) | 1,487
| 67.65 | 0 | 20
| 25,176.60 | 125,772.15 | 22,010.13
| 147,782.28 |
Legal Services Commission
February 2006
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