Transforming Legal Aid

Consultation EventsMay 2013

Legal Aid Policy TeamMinistry of Justice

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Agenda and objectives

Objectives• Opportunity to seek clarification on proposals• Provide initial views/comments on the proposals• Help prepare you to submit a response to

consultation

Agenda• Case for reform • Part 1: Eligibility and civil fees• Question and answer session• Part 2: Crime competition and crime fees

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Case for reform• Continuing challenging financial environment

• Need to examine why, what and how we pay

• Legal Aid Reforms and LASPO• Impact on both civil and criminal legal aid• But mainly focused on civil legal aid

• Need to do more:• improving public confidence• maximising return from limited resource• delivering best value for taxpayer

• Focus now necessarily mainly on criminal legal aid

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Eligibility, scope and meritsFive Proposals:• Restrict scope of legal aid for prison law

• Restrict scope to cases that meet one of three criteria:• Involves the determination of a criminal charge• Engages the right to review of ongoing detention• Requires legal representation under Tarrant criteria

• Use of prisoner complaints system discipline procedures, probation complaints system

• Financial eligibility threshold in the Crown Court• Disposable household income - £37,500 or more• Hardship review• Payment on acquittal from central funds at legal aid

rates

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Eligibility, scope and merits – cont’d• Introduce a residence test

• Two limb test:• Lawfully resident in the UK, Crown Dependencies or British

Overseas Territories at time of application; and• Resident lawfully for 12 month period

• Exceptions

• Paying for permission work in judicial review cases• Providers only paid for permission application work if

permission granted by the Court• Similar system to immigration and asylum UT appeals

• Civil merits test• No longer fund cases in the borderline prospects of

success category

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Civil and expert legal aid fee reform

Proposals• Reduce fixed representation fees to solicitors in

public law family cases

• Harmonise advocacy fees in most civil (non-family) cases

• Remove uplift in rates paid in immigration and asylum Upper Tribunal cases

• Reduce fees for all experts by 20%

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Questions

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Crime competitionIntroduction• Current market too fragile to sustain further fee cuts• Believe competitive tendering is likely to be best way to

ensure long-term sustainability & value for money• Written Ministerial Statement – Dec 2011• Written Ministerial Statement – Mar 2013• Consultation on the proposed model, not on the principle

Key features of proposed model• Economies of scale• Economies of scope• Simplification and greater flexibility• Savings objective

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Crime competition – cont’dKey elements of proposed model• Scope of new contract:

– All criminal legal aid classes of work except: Crown Court advocacy Very High Cost (Crime) Cases Criminal Defence Direct services Defence Solicitor Call Centre

• Contract length– 3 year contract term plus up to 2 year extension

• Geographical areas– Procurement areas based on 42 CJS areas– Join areas with low volumes with larger areas– Divide London into 3 areas aligned with CPS

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Crime competition – cont’dKey elements of proposed model – cont’d• Number of contracts

– Variable by procurement area– Four key considerations:

Conflict – minimum of 4 contracts per area Sufficient volume Market agility – scaling up / scaling down Sustainable procurement

– Total contracts: around 400

• Types of provider– Partnerships, LDPs, joint ventures, ABSs

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Crime competition – cont’dKey elements of proposed model – cont’d• Contract value

– Equal share of police station cases– All follow-on work

• Client choice– Generally no choice in provider allocated– Continuity of representation– Exceptional circumstances

• Case allocation– Case by case (e.g. each case, by surname, by day of

month of birth)– Duty slots

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Crime competition – cont’dKey elements of proposed model – cont’d• Remuneration

– Price competed: Police station attendance – block payment Magistrates’ court representation – fixed fee Crown Court

– Cases with less than 500 PPE – fixed fee– Cases with more than 500 PPE – grad fee

– Admin set rates: all other classes of work

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Crime competition – cont’dKey elements of proposed model – cont’d• Procurement process

– Two stage process: Pre-Qualification Questionnaire Invitation to tender

– Delivery plan based on quality and capacity– Price

• Implementation– Process to start in all procurement areas – autumn 2013– Contracts awarded – summer 2014– Service commencement – autumn 2014

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Criminal legal aid fee reform

Three proposals• Restructure the AGFS

• Harmonise basic fees for EGP, cracked & contested trials• Reduce daily attendance fee• Apply a taper for trials for day 3 onwards

• Reduce all VHCC rates by 30%• New cases from implementation date• Work done on current cases on and after implementation

date

• Reduce the use of multiple advocates• Tighten criteria • Ensure criteria are applied consistently and robustly

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Questions

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Responding to the consultation

Consultation closes: 4 June 2013

Ways to respond: Online at: https://consult.justice.gov.uk/

In writing to: Annette CowellMinistry of Justice102 Petty FranceLondon SW1H 9AJ

By email: legalaidreformmoj@justice.gsi.gov.uk

Enquiries: As above or by phone: 0203 334 3555

Response paper: Due to be published in autumn 2013 at MoJ website