Policy
9 October, 2007
LSC faces another judicial review over fixed fees
MHLA accuses them of acting 'unlawfully and irrationally'
The Mental Health Lawyers Association (MHLA) has launched judicial review proceedings against the Legal Services Commission (LSC) over its decision to introduce fixed-fees for mental health work.
The LSC is accused of breaching both the European Convention on Human Rights (ECHR) and the Disability Discrimination Act. The MHLA has also accused the LSC of acting 'unlawfully and irrationally', and of providing information that was 'opaque and confusing' when consulting with the profession about the new regime.
Bindman & Partners, a London-based solicitors firm has been instructed by the MHLA to bring the case. Saimo Chahal, a partner in the firm said -
'Patients in mental hospitals are entitled to regular reviews of their detention. Their freedom is at stake, and it's essential that the process is carried out to the best of their lawyer's ability. But the fixed-fee scheme will not permit enough time to prepare for and deliver adequate representation.'
She added that under the fixed-fee scheme, mental health clients with complex cases that required specialist knowledge would -
'... find it impossible to get good quality advice. This would deny them access to justice in breach of the ECHR.'
The MHLA also alleged that the LSC was in breach of discrimination disability legislation in that impact assessment had been made regarding the effect the scheme would have on access to justice for mentally ill patients.
The Chairman of MHLA, Richard Charlton said -
'The proposed fixed-fee scheme will lead to the collapse of representation for arguably the most disadvantaged people in society, who will be left without a voice to speak against detention and compulsory treatment.'
In response an LSC spokesman said -
'We are aware of the proceedings brought by the MHLA and intend to defend them. According to our impact assessment, the majority (75%) of mental health providers nationally could see an increase in their average cost per case under the scheme.'
For more information, see the Law Gazette press release LSC faces judicial review.
See also the related rightsnet policy new stories -
- LSC criminal contract changes delayed until January 2008: But civil fixed fees go ahead as planned (3 October, 2007)
- LSC announces appeal against the unified contract judicial review judgement: Decision to be challenged on their ability to amend 'technical specifications' (7 September, 2007)
- LSC 'confirm' their position on the unified contract: No plans to amend provisions in the short term (2 August, 2007)
- High Court upholds Law Society's objections to the unified contract: 'Judgement underlines the shortcomings of the LSC approach' to legal aid reform (30 July, 2007)
- LSC publishes draft Unified Contract Specification : Reforms to be implemented from October 2007 (18 July, 2007)
- Government faces double challenge over legal aid reforms: Law Society, CRE and ethnic minority law firms go to the high court (9 July, 2007)
- Law Society issues judicial review proceedings: LSC's right to unilaterally amend the unified contract to be challenged (27 April, 2007)
- Law Society threaten judicial review on unified contract: Legal Services Commission urged to delay contract implementation (27 March, 2007)
