Policy
10 December, 2007
LSC announce next steps in legal aid reform programme
Best Value Tendering offers the 'best way forward'
The Legal Services Commission (LSC) announced today the publication of a first consultation on the principles of Best Value Tendering for Criminal Defence Services, a policy paper on Assuring and Improving Quality in the Reformed Legal Aid System and a detailed assessment of the impact of legal aid reforms on civil and crime legal aid providers to date.
The LSC believes the documents are an important step in the legal aid reform programme. Their goal for the reform programme is to maximise access to quality legal aid services for the future and to ensure that the number of people helped within the limited budget continues to increase.
The ‘Assuring and Improving Quality in the Reformed Legal Aid System’ policy paper makes clear that the LSC will be implementing many of the key elements of the Preferred Supplier Scheme over the next few years, as an integral part of the reforms leading to their proposed goal of best value tendering. They therefore see no need to introduce a separate Preferred Supplier Scheme as initially proposed.
Commenting on the announcements, Carolyn Regan, LSC Chief Executive, said -
'The first year of the reform programme has already seen the implementation of significant changes. Looking to the future, we believe that moving to a competitive market for the majority of services is the right way forward. Best Value Tendering would set sustainable prices and achieve the best possible value for the legal aid budget while ensuring quality advice for legal aid clients. This will benefit clients, reassure taxpayers and ensure that the market sets the price for providers’ services.
The LSC is committed to improving quality standards for legal aid clients. Quality remains at the heart of the reformed legal aid system. Legal aid clients already have one of the highest levels of quality assurance in the legal sector and we will ensure only providers who deliver good quality advice and representation to clients will be able to work in legal aid in the future.
By working together, we and legal aid providers can ensure that the legal aid system continues to deliver the services that people depend on to resolve their problems at very difficult times in their lives. That is what the reforms are all about.'
Welcoming the announcements, Lord Hunt of Kings Heath OBE, the Legal Aid Minister, added that -
'I believe Best Value Tendering offers the best way forward in reforming the way legal aid is procured, based on market prices. However, we need to get the principles and detail right and this consultation gives us the opportunity to engage with the professional bodies.
If we get this right, we have the best possible chance of ensuring our legal aid system is sustainable in the years to come - so we can help the maximum number of people within the resources available.
I encourage all those with an interest in the future of legal aid to contribute to the consultation papers published today and to help us shape the path ahead.'
The impact assessment assessed the impacts of the 2007 reforms to date on providers, against historic claims, and has assumed that providers have taken no steps to change their business practices in light of the reforms. In practice, providers are already changing the way they work – and as a result, the LSC expects any negative impact on providers to be reduced in practice. The impact assessment looks at impact in accordance with the LSC’s full equality duties, as well as generally in terms of location and size of firm.
For more information, see the LSC press release Next steps in legal aid reform programme announced.
The Assuring and Improving Quality in the Reformed Legal Aid System policy paper is available here.
The Cumulative Impact Assessment: Legal Aid Reform Programme (Phase 1) document is available here.
