Policy
16 July, 2008
LSC delays plans for BVT in Criminal Defence services
Fixed fees at the present level not sustainable in the long-term
The Legal Services Commission (LSC) announced today that they will be delaying plans for best value tendering (BVT) of Criminal Defence services, following the findings from their initial consultation, Best Value Tendering for Criminal Defence Services.
Commenting on the news, Carolyn Regan, Chief Executive of the LSC said -
'The LSC shares with its service providers the desire of greater certainty and greater stability. We have listened to them and have made a number of changes to our initial plans for Best Value Tendering (BVT) as a result. We are putting back the second consultation on BVT to December 2008 so that we have more time to work with providers and their representative bodies.
Following the second consultation if BVT is adopted it will be piloted and then evaluated before deciding whether or not to go forward with it in other areas of England and Wales. The start date for tendering for any pilot has also been put back to July 2009 at the earliest.
There is broad agreement between the LSC and service providers that fixed fees at the present level will not be sustainable in the long-term. We also recognise that many providers do not feel that price competition can work. However, we believe that we can create a competitive system that meets their principal concerns and ours.
The Legal Services Commission believes that BVT has the potential to secure high quality criminal legal aid services, best value for taxpayers money and a fair deal for providers. For example BVT could set market prices that would differ in different areas of the country to reflect local delivery costs and conditions.'
The LSC will look to maintain a choice of providers in any future scheme and ensure that there are safeguards against unsustainably low bids.
For more information see the LSC press release The way ahead for criminal defence best value tendering.
See also the related rightsnet policy new stories -
- Revised fees and rates payable to providers under the civil legal aid fixed fee schemes: New regulations (30 May, 2008)
- LSC, Law Society and MoJ reach agreement on future of Unified Contract: Increase of 2% on 'fixed fees' (3 April, 2008)
- Law Society issues response to BVT in criminal legal aid: Many firms will 'go out of business' (11 March, 2008)
- Law Society survey finds major opposition to BVT for criminal legal aid: 67% 'strongly against' the proposals (29 February, 2008)
- Unified Contract: LSC actively engaged in discussions with the Law Society: Not 'necessary or desirable for this matter to be resolved by the courts' (1 February, 2008)
- Law Society to issue second judicial review of Unified Contract: Guidance sought on how LSC must remedy breaches (31 January, 2008)
- Law Society issues response to LSC's intention to terminate Unified Contract: Civil fixed fee schemes not valid (7 January, 2008)
- LSC update on Unified Contract after Court of Appeal judgement: Intention to terminate Unified Contract and re-tender for the work (3 January, 2008)
- LSC announce next steps in legal aid reform programme: Best Value Tendering offers the 'best way forward' (10 December, 2007)
- LSC faces another judicial review over fixed fees: MHLA accuses them of acting 'unlawfully and irrationally' (9 October, 2007)
- LSC criminal contract changes delayed until January 2008: But civil fixed fees go ahead as planned (3 October, 2007)
- LSC agree to Race Equality Impact Assessment of legal aid reforms: Legal action brings 'a significant move forward for legal aid practitioners' (23 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)
- The Way Ahead – Legal Aid Reform: DCA and LSC set out vision for the future of legal aid (28 November, 2006)
