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Forum Home  →  Discussion  →  Access to justice and advice sector issues  →  Thread

Law Society JR

shawn mach
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from the Law Society ...

‘The long awaited announcement of the family and social welfare contract awards has produced some extremely disturbing results. Of 2400 family firms, only 1300 have been awarded a contract. The remainder include firms who have provided a valued service in their local communities for a number of years. The level of refusals is on a far higher scale than we envisaged and could leave thousands of clients without representation if firms that no longer have contracts close down their family departments or shut down completely. It will also be more difficult for new clients to obtain advice under legal aid.

http://www.lawsociety.org.uk/newsandevents/news/view=newsarticle.law?NEWSID=429074

see also ‘Carnage’ as family solicitors lose legal aid contracts’ from the Legal Action Group @ http://legalactiongroupnews.blogspot.com/2010/07/carnage-as-family-solicitors-lose-legal.html

[ Edited: 18 Oct 2010 at 04:50 pm by shawn mach ]
ClaireHodgson
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a friend of mine in gainsborough says there is only one firm now in that area doing family - and it is a firm that will have to open an office there (his firm has lost its contract).

in cornwall, i gather, there’s only one firm to serve most of the county

the LSC has clearly never heard of conflict of interest either - whoever gets to the only firm first, is the one that can have legal representation.

i’ve suggested to them that joining forces with their local CAB/welfare rights people might be useful, since CAB’s etc will be trying to pick up the pieces and aren’t equipped to do so (with all due respect to CAB, totally not their remit)

Steve_h
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Ariadne
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In a town of 90,000 people we have only one firm that does legal aid for family work and they are understandably up to their ears. And that’s before the latest tender round.

Steve_h
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Community Law Partnership, based in Birmingham, has received permission to proceed with full judicial review proceedings against the LSC in respect of the SWL & Family tender. The full hearing is likely to be set down for about a week and a half’s time

Some comments from High Court Judge, Collins J:

“I am bound to say this is a dreadful decision and on the face of it the approach [taken by the LSC] is totally irrational”

“How can it be rational to penalise a firm that takes fewer cases to the upper tribunal, when any decent firm will do its best to make sure it doesn’t have to appeal?”

“Those tendering are entitled to take the view that access to justice criteria will be taken into account and discretion used, rather than just box ticking.”

This has been published on the LAG website, but their server has crashed because of the high activity.

more details can be found at:

http://legalaidandme.proboards.com/index.cgi?board=news&action=display&thread=933

shawn mach
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here’s a link to the law gazette story ...

‘A High Court judge has today branded some of the criteria used by the Legal Services Commission in its recent social welfare tender ‘utterly absurd and totally irrational’.

Mr Justice Collins also said the ‘tick-box’ exercise adopted by the LSC was not appropriate for tendering to provide a public service that is designed to ensure access to justice.

Collins made the comments during a hearing in relation to a judicial review of the social welfare tender process which has been lodged by Birmingham firm The Community Law Partnership (CLP) .... ‘

more @ http://www.lawgazette.co.uk/news/high-court-judge-brands-welfare-tender-irrational

shawn mach
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nb - earlier reporting on this said that the JR had been given permission .... now saying the hearing was actually adjourned to 8 September without permission having formally been given ....

Steve_h
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The LSC have now extended the Unified Contract for one month

shawn mach
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Community Law Partnership have now heard that they have been granted a contract by the Legal Services Commission ....

http://www.legalactiongroupnews.blogspot.com/

Steve_h
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All the submissions have been made and the judgement is set to be on thursday this week

Rich
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Bolton CAB

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Hi


As Steve_h mentions earlier, I am finding this thread on Ilegal http://legalaidandme.proboards.com/index.cgi?action=display&board=staffarea&thread=1023&page=1 on Ilegal (http://www.ilegal.org.uk) really good for keeping up to date with whats happening with this JR and other legal aid issues. In my ‘spare’ time i volunteer to help out with that site. I am struggling to work out what the best outcome of the whole thing would be. Tis a scary world

Rich

[ Edited: 29 Sep 2010 at 12:19 pm by Rich ]
shawn mach
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law society wins JR ... LSC ‘disappointed’

‘The LSC is obviously disappointed by the result and remains committed to ensuring that vulnerable people across England and Wales have access to justice. We are currently considering the detail of the judgment and its implications, including whether to appeal.

We are conscious of the uncertainty facing providers and will publish further information from 6 October onwards on the Civil contract for 2010 tender pages of our website. We will not be able to provide further information on the outcome of these proceedings or the impact on tenders (including appeals) in any category of law prior to this date.’

http://www.legalservices.gov.uk/civil/cls_news_12035.asp?page=1&dm_i=4P,9BRR,1YC2P,OO58,1

shawn mach
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peted
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So - the 6th has come and gone…the LSC have not made any announcement on the contracts affecting thousands of organisations and hundreds of thousands of the public - despite its undertaking to do so following the JR judgement last week.

Ah well - if I make such an undertaking and fail to adhere to it for one of my legally aided clients, I wonder if the LSC peer reviewer, auditor, cost compliance bod will ignore it now?

Same old same old…....I’m afraid

Steve_h
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The LSC changed the 6th October to “in due course”

http://www.legalservices.gov.uk/civil/cls_news_12035.asp?page=1

From sources inside the LSC rumour mill, there won’t be any announcement this week.

However, if no contract extension notices are issued before 14th October, then the contracts will start on 15th November because they have to give at least one months notice to extend the current contracts.

peted
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Social Welfare Dept Stephensons LLP, Leigh, Wigan, St Helens, Manchester and Bol

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I saw the changed wording…the initial promise of the 6th is now an unspecified point in the future - but likely to be - as you say for contractual reasons - before 14th…that’s if they comply with the terms of the contract….given all that’s happened, who knows?

Steve_h
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The Law Society’s response can be found here.

http://www.lawsocietymedia.org.uk/site.p….e_id=1372&mt=34