Lord Carter's Review of the Procurement of Publicly-funded Criminal Defence Services
On the 5th July 2005 an independent review, led by Lord Carter of Coles was set up to consider the means by which to deliver the Government’s vision, set out in the DCA's consultation document A Fairer Deal for Legal Aid, for procuring publicly funded legal services, particularly criminal defence services (click here for details). The findings of the review will be presented as a plan for delivering a procurement system that "achieves maximum value for money and control over spending whilst ensuring quality and the fairness of the justice system".
On the 26th December 2005 the Association submitted its response to the DCA's paper, formalising our representations made Directly to Lord Carter, and later, on 9th February 2006, Lord Carter published his interim report on his proposals. The LCCSA prepared its interim response, highlighting its principal concerns that the application of market-based reform (particularly price competition amongst suppliers) will undermine the core values of our independent criminal defence system, and asking the fundamental questions: -
The final report to Lord Carter’s Review was published on the 13th July 2006, and the Legal Services Commission initiated a formal consultation on his proposed reforms the same day. On the 26th July 2006 the Constiutional Affairs Committee launched its inquiry in to the implementation of Lord Carter's proposals.
In conjunction with the Law Society, CLSA and LAPG, the LCCSA launched an online survey for firms to test the impact of the proposed reforms on the 4th September 2006 (the results of which can be found here). We submitted our representations to the Select Committee on the 4th October 2006, and our formal response to the Legal Services Commission's consultation on the 12th October 2006.
"The Way Forward"
On the 28th November 2006 the Legal Services Commission and its sponsoring government department, the Department for Constitutional Affairs published the results of their consultation, and simultaneously announced its programme of reforms for legal aid, which they claim are "aimed at ensuring the system remains sustainable for the future" (click here to read the response of the LCCSA). The Association believes that a budget that is to be cut from levels that are already not viable will further endanger the supplier base, and, if we are proved to be correct, these reforms may threaten universal access to justice.
There has not been unity in the profession regarding the modernisation of Legal Aid and the Carter proposals. The Government presses on, even advancing the PCT start date. We have been very concerned about the disastrous impact of cost cutting in London in particular. London has a higher than national average costs per case because there are particular features of London and the cost are not supplier driven.
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Survey launched to test the impact of Lord Carter's proposals - September 4, 2006 Source: LCCSA
The DCA consultation document on Lord Carter's proposals is entitled "Legal Aid: A Sustainable Future". To ensure access to Justice for some of the most vulnerable and disadvantaged members of society it is vital that criminal defence work remains financially viable. The Carter report anticipates some cuts in payments to Defence firms, but we suspect that the report underestimates that reduction.
The only way we can find out if our suspicion is justified is to test a random selection of cases and compare fees paid at present to fees proposed under the new regime. We have selected the first 5 cases after July 2006 for police station and magistrates' court cases and the first 5 Crown Court cases after April 2006 as an arbitrary basket of cases.
For the sample to be statistically valid it is important that the first 5 entires are from the stated period. Thereafter, firms can enter as many additional cases as they want to gain a view of the impact upon their firm. The other factor that will improve the statistical validity of this research is the number of firms that reply. There is no excuse for not taking part - your future depends upon the outcome of the Consultation and we can only make proper representations on your behalf if you give us the evidence to argue the case.
The information is submitted via a website. You must supply your firm's details to ensure that there is no duplication and so that the data stands up to scrutiny and this will be held in confidence by the CLSA and LCCSA. The anonomised data however will be made available to all those that access the site and may be shared with the Law Society and other practition groups negotiating on this matter.
The deadline for completing the survety is Friday 22nd September 2006.
We cannot stress enough the importance of all firms completing this data survey. This is your future.
The survey can be accessed here.
If you have any queries whilst completing the survey then please email either Jim Meyer (LCCSA) or Andrew Bishop (CLSA) on one of the following email addresses: - webmaster@lccsa.org.uk or andrewbishop@bishopandlight.co.uk
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