Category Archives: Civil

LAA amends contracts for GDPR

The LAA has amended all current contracts in order to meet the requirements imposed by the General Data Protection Regulation (Regulation (EU) 2016/679) and the Law Enforcement Directive (Directive (EU) 2016/680), being implemented under Part 3 of the Data Protection bill. Amendments regarding the GDPR apply from 25 May 2018. Amendments relating to the Directive apply from 6 May 2018.

There are some detailed obligations. The LAA require you to notify them within 5 business days if you receive the following in relation to LAA or shared data:

  • A data subject request
  • A request to rectify, block or erase personal data
  • A complaint or other communication about your (or the LAA’s) handling of data
  • A communication from the Information Commissioner

You must also indemnify the LAA if it is fined because you fail to comply with the legislation.

You can find more information here.

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New Civil Keycard Issued Today

This afternoon the LAA issued a new civil keycard, keycard 54, containing revised eligibility limits. The main change appears to be a small reduction in dependant’s allowances.

It is unfortunate that the keycard was not issued until the afternoon of the day it came into force. You may wish to check any grants, particularly of Legal Help and CLR, made today to confirm the client is eligible.

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2018 Civil Contracts Update

Just before Easter, the LAA released some more information about the 2018 civil tender process.

The failed discrimination tender will be re-run, though in the education category existing providers have agreed to continue, so no re-tender will be necessary.

In housing the LAA has failed to secure court duty provision in Cornwall. In 39 procurement areas, no or only one compliant bid for face to face contracts was received, so the LAA will be re-tendering in late April 2018. These areas include the whole of the South West of England beyond Bristol and Somerset, much of northern England outside the major urban areas and parts of the Midlands. Meanwhile, the Law Centres Network has been given permission to judicially review the court duty tender process as a whole, with a hearing listed for next month.

In family, there were 7 areas with no or one bidder, and 6 in immigration.

The full list of areas that will be re-tendered can be found in Annex A of the LAA’s update, here.

This level of procurement failure is unprecedented in legal aid. The initial tender exercise failed to find any successful bidders in two whole areas of law – education and discrimination – and leaves many areas of the country without meaningful access to legal aid in other areas. It is a further development of a process of market failure which has been underway for a long time, accelerated by LASPO, where in many places it is no longer viable to continue legal aid work. It is difficult to see how a repeated tender exercise – based on the same scope restrictions, payment rates, and contract terms – will yield a significantly different outcome. Last week Community Law Partnership, a top firm of housing lawyers in Birmingham, tweeted a typical case of a family turned away from housing assistance and only housed after a threat of judicial review. The entire thread sums up the value of the work they and others like them do – and ended with a reminder of why there are ever fewer who can.

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LAA cancels tender for education and discrimination contracts

The LAA has announced that it is terminating the tender for CLA telephone contracts in the education and discrimination categories because “insufficient compliant tenders” were received, meaning there would not be enough successful bidders to run the service.

As there are currently only a very small number of contract holders, this suggests that there were no or very few bidders prepared or able to deliver the new contracts due to start later this year.

Education and discrimination are gateway exclusive categories – all cases must go through the telephone service and there are no separate face to face providers – all face to face services are carried out by the telephone contract providers, if they deem it necessary.

It is not clear what the future of education and discrimination services will be. The LAA says it will discuss next steps with affected organisations.

But if there are currently no providers willing to bid, or no providers able to demonstrate they can provide services of sufficient quality at an acceptable price, it is hard to see how that will change between now and October, when the new contracts were due to start.

The MoJ decided in 2012 to move education and discrimination services to the gateway with a small number of contracts. At the time many warned that there were significant risks with this approach. Numbers using the service have been lower than expected throughout. And there was concern that such a reduction in the provider base meant that there was no slack if contract holders pulled out or were unable to continue. It appears that fear has also been realised. Hopefully there is enough time for the MoJ and LAA to rethink before education and discrimination legal aid disappears altogether.

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Filed under Civil, LASPO, Policy

Civil and Family contract extensions acceptance deadline

The LAA has sent emails to holders of civil, family and mediation contract holders to inform them about contract extensions to 31 August 2018.

Holders of 2010 contracts (Mediation) and 2013 contracts (Family, Immigration/Asylum, Housing/Debt) need to send back an acceptance form. The letters attached to emails give a deadline of 5 December 2017, the website says 6 December 2017.

Holders of Housing Possession Court Duty Scheme contracts will receive an extension offer in due course.

Holders of welfare benefits, mental health, and community care contracts will have their contracts extended automatically.

Holders of AAP etc., clinical negligence and public law contracts will have their contracts terminated earlier than originally envisaged, so that they will also end on 31 August 2018.

If you haven’t received an email, you should contact the LAA’s central commissioning team: civil.contracts@legalaid.gsi.gov.uk

More information can be found here.

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Civil and family tender 2018 FAQs published

The Legal Aid Agency has published the frequently asked questions and answers in respect of the 2018 face to face contracts. There are two documents you should consider:

  • FAQs relating to the Seelction Questionnaire
  • FAQs relating to the Face to Face contracts themselves

The LAA has also published a separate FAQ document dealing with the CLA telephone service tender (to be found further down on the same page).

Once you have checked the answers against your response to the tender and made any changes necessary, you will be ready to submit.

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LASPO review finally announced 

The long-awaited review of LASPO, promised by the government within three to five years of implementation, has finally been announced.

In a written statement to Parliament yesterday, the Lord Chancellor said it would be conducted by MoJ officials, with input from interested parties, and would report by the 2018 summer recess (which would take it just beyond five years since LASPO came into force in April 2013).

The statement is here, and the accompanying memorandum is here

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