Category Archives: Uncategorized

LAPG have again kindly given us permission to post the update sent out to their members on 16 April 2020.

If you are not currently a member of LAPG, but would like to be, you can download a form from their website and receive all their updates direct to your inbox.

LAPG Update 14 of 2020

1. LAPG’s COVID-19 support service
2. LALY nomination deadline tomorrow – 17 April 2020
3. Latest LAA guidance for providers – 14 April 2020
4. LAPG next Supervision Course – now online 15 + 22 May 2020
5. Legal Aid Handbook – special offer for LAPG members
6. Sir Andrew McFarlane calls for feedback on remote hearings
7. Ministry of Justice – COVID-19 Stakeholder Update – 14 + 15 April 2020

 

1. Latest LAA guidance for providers – 14 April 2020

The Legal Aid Agency issued a number of updates on 14 April 2020, which summarise previous guidance, broken down by theme.

Processing and payments

Contract management and assurance

Remote working

Working with clients

LAA contingency response

There are still a large number of practical, contractual and regulatory issues to resolve and, along with other representative bodies, we are continuing to engage with the LAA, MOJ and HMCTS.  Members are also consistently reporting that the financial relief measures currently in place will not be sufficient to see them through this crisis.  We are therefore continuing to press the MOJ and LAA for more significant forms of support, and we are developing specific proposals which we will publish here soon.

2. LALY deadline tomorrow – 17 April 2020

Don’t forget that tomorrow is deadline day for submitting your nominations for the 2020 Legal Aid Lawyer of the Year awards.  We know this is an incredibly difficult time for everyone involved in the delivery of legal aid, which reinforces why it is just so important that we recognise and celebrate the amazing contribution of legal aid lawyers.

Recognising the difficulties you have faced in recent weeks we extended the deadline from 3 to 17 April. We are also inviting you to submit briefer nominations in order to minimise the time needed to be spent producing them. Equally, we will still be happy to accept longer nominations in the usual way, up to our specified 20-page limit.

Our key message to you is: if you know a really exceptional individual, team or organisation that should be recognised this year, send us what details you realistically can and Team LALY will do the rest. Where more information is needed in order for our LALY20 judges to make a decision about an entry, we will follow up to make sure they have it.

Please continue to submit all nominations via: https://www.lapg.co.uk/lalys/laly-nomination-2020/

3. LAPG’s COVID-19 support service

We have received a range of queries on COVID-19 related issues.  If you are unclear about how any of the new LAA measures relate to your organisation, or have other business continuity or LAA contract compliance issues linked to COVID-19, please get in touch.  We will shortly publish a summary of the queries we have received in the form of a FAQ document.

The service provides advice via email with responses from the LAPG team and expert input from sector consultants such as Vicky Ling, Paul Seddon and Matthew Howgate.  The email address is:

covid19-support@lapg.co.uk

You can read more about the service on our website here

4. LAPG’s next Supervision Course – now online 15 + 22 May 2020

We have now put the necessary arrangements in place to take this course into the ether and deliver it online. The content and learning objectives remain the same but we have had to make some practical changes to suit online delivery.  One of which is that we don’t think we can ask delegates to sit in front of their screens for a full day.  We have therefore decided to break the content down into 4 sections, to be delivered as follows:

• 15 May – 10.00-12.00 & 14.00-16.00
• 22 May – 10.00-12.00 & 14.00-16.00

Each session is 2 hours to allow plenty of time for questions, case studies and interaction with the trainers, Matthew Howgate and Vicky Ling.

This course meets the LAA’s requirements for an ‘approved training course’ under the Generic Supervisor Requirements, section 2(ii) of the supervisor self-declaration forms.  This is particularly important for new supervisors, those who haven’t directly supervised for a number of years, those who just want to update their skills and keep abreast of developments in the law.  The course is also a useful refresher for the requirements of the 2018 Standard Civil and 2017 Crime Contracts.

This is an ideal opportunity to discuss with colleagues and sector experts the particular challenges of providing remote supervision and supporting your team in these unusual times.

Book your place for the May 2020 course here

5. Legal Aid Handbook – special offer for LAPG members

Our lovely friends at Legal Action Group are offering all LAPG members a 10% discount on the new 2020/21 Legal Aid Handbook.  This offer comes with a free e-book.

The Handbook is the only comprehensive guide to the legal aid scheme and covers the legal framework of the scheme, with a full discussion of civil, crime and family legal aid.

To redeem the discount offer visit LAG’s website here and use the code LAHBK10 by 30 June 2020.

6. Sir Andrew McFarlane calls for feedback on remote hearings

Sir Andrew McFarlane, President of the Family Division, has opened a two-week ‘rapid’ consultation which is being carried out by the Nuffield Foundation Family Justice Observatory.  The consultation seeks feedback from those involved in remote hearings during the coronavirus outbreak in order to issue evidence-based guidance next month.

Evidence is sought from solicitors, barristers, Cafcass workers, court staff, social workers and magistrates on public and private Children Act cases. The FJO will also meet to discuss issues over the next fortnight, and draw together findings from existing relevant research.

Please provide your thoughts and feedback by Tuesday 28 April 2020.

7. Ministry of Justice – COVID-19 Stakeholder Updates – 14 + 15 April 2020

The Ministry of Magic publishes a range of updates each day, which we have summarised below from the last couple of days.

HMPPS

Latest information and guidance can be found here:
https://www.gov.uk/guidance/coronavirus-covid-19-and-prisons

As of 17:00 on TUESDAY 14 APRIL:

• 218 prisoners have tested positive for COVID-19 across 57 prisons;
• 82 prison staff have tested positive for COVID-19 across 35 prisons;
• 6 Prisoner Escort and Custody Services (PECS) staff have tested positive for COVID-19

HMCTS

New: HMCTS figures on the use of audio and video

HMCTS have published the first set of figures on audio and video hearings, following their increased use in response to COVID-19. These figures, reported by individual courts and tribunals, will provide a weekly summary of the number of hearings that have taken place using audio and video technology in HMCTS since 19 March 2020:
https://www.gov.uk/guidance/courts-and-tribunals-data-on-audio-and-video-technology-use-during-coronavirus-outbreak

Latest information and guidance can be found here:
https://www.gov.uk/guidance/coronavirus-covid-19-courts-and-tribunals-planning-and-preparation

HMCTS maintain a daily operational summary service on courts and tribunals from Monday to Friday during the Coronavirus outbreak. HMCTS aim to update this page daily by 9am:
https://www.gov.uk/guidance/hmcts-daily-operational-summary-on-courts-and-tribunals-during-coronavirus-covid-19-outbreak

OPG

NEW: Guidance for NHS and social care staff to check if a COVID-19 patient has an attorney or deputy.

This page contains guidance on the information the Office of the Public Guardian has on its registers and how NHS staff and local authorities in England and Wales can request details for people who have lost mental capacity:
https://www.gov.uk/guidance/nhs-staff-searching-our-registers-of-attorneys-and-deputies

Victim and witness support services:
https://www.gov.uk/guidance/coronavirus-covid-19-victim-and-witness-services

Further information is available at:
https://www.victimandwitnessinformation.org.uk/

Latest general guidance

The new Business Support campaign for Covid-19: https://www.businesssupport.gov.uk/coronavirus-business-support/

Guidance on protecting vulnerable people from Covid-19: https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Home isolation / ‘stay at home’ guidance:
https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance

Guidance on social distancing:https://www.gov.uk/government/publications/covid-19-guidance-on-social-distancing-and-for-vulnerable-people

Please continue to refer to GOV.UK/coronavirus for the latest information on the situation in the UK and the Government’s response. For information about the illness and symptoms visit nhs.uk/coronavirus

16 April 2020
Chris Minnoch, CEO
Kate Pasfield, Director of Strategy
Rohini Teather, Head of Parliamentary Affairs

Carol Storer reports back on the inaugural lecture of The Law Society’s 2019 thought leadership seminars with Lucy Frazer QC MP, Parliamentary under Secretary of State at the Ministry of Justice

Christina Blacklaws, President of The Law Society, introduced the first lecture of this year’s series of thought leadership seminars and welcomed Lucy Frazer QC MP, Parliamentary under Secretary of State at the Ministry of Justice (MoJ).

Christina referred to the government post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) which came out earlier this month. Legal aid is a lifeline for some of the most vulnerable people in society. Hundreds of thousands became ineligible when LASPO came into existence. The ramifications of the Act are being felt across public life.

The review was very comprehensive. The proposals to improve the legal aid system are the first positive proposals in the last twenty years. The Law Society hope that the changes will make it easier for ordinary people to qualify for legal aid and will work with the MoJ on proposals eg the means test and Christina flagged up the lack of profitability impacting on the viability of practices delivering legal aid work.

The Law Society fully supports working with MoJ on the increasing use of technology and currently partner with Barclays and others in a LawTech panel chaired by Christina and set up by government but industry led.

Lucy Frazer thanked The Law Society for their input into the review and thanked others in the room who had contributed.

The minister stressed the importance of the legal system, the rule of law and that the justice system is renowned across the world. The law is steeped in tradition but must embrace modernism. People recruit online, date online, send millions of messages by WhatsApp and Messenger. The law needs to embrace the changes.

Areas where the MoJ is promoting technology include court reform.  The minister referred to her early life at bar – where once barristers received briefs in pink tape by post, they now receive emails and the pace is much greater – updates are sent sometimes daily.

There is an ambitious £1 billion investment in court reform to modernise with online services and digital working. The technology is designed around the needs of users and the aim is to be proportionate. Already there are online systems for probate, divorce and some road traffic offences. Over 100,000 people have interacted in this way.

Examples:

• A supplier owed under £10,000 can sue and settle online. People can defend online up to this figure as well. Feedback is very positive.
• Divorce petitions can be issues online. The reject rate is down from 40% to 1%.
• Online social security tribunal judges able to contact participants.
• Video facilities will be used more. These reduce the need to travel.
• HMCTS has piloted video hearings in the tax tribunal.

The minister confirmed that there will always be a need for a physical court but the sector must seize the opportunities presented by technology.

How to best support individuals? Last month the MoJ launched its support programme.

Examples:

• The Legal Advice Centre’s Cornwall Video Chat Service which provides remote advice in Cornwall.[v] There is also a webcam platform. Clients can make contact from their phone or computer. They can photo documents and send over.
• Advicenow pulls together the best advice resources and everything is written in plain English. There are eg template letters etc. The aim is to empowers users.
• There is an app to help PIP cases. It identifies the points to be flagged up and what the result should be.
• Barclays LawTech innovation – she spoke with them yesterday. LawTech companies can eg test products. They are working on smart contracts.
• There is a pilot for better ways to signpost people to the best advice. Already this has been proactive in some areas eg child arrangements and out of court settlements.
• She has been talking to Mencap about their Chatbot project. The first phase will be completed in April.
• MoJ want Lawtech to thrive. The Lord Chancellor set up the panel Christina chairs.
• Money has been provided for innovation and projects involving LawWorks and Islington Law Centre. There has been investment in Legal Beagles a free online forum.
• In the region of £600,000 was provided to the SRA to work on technological solutions for small businesses.
• They have provided funding for improving digital resource for separated families.

Lucy Frazer stressed that technology is a servant not a master. Last year the MoJ funded £1.6 billion in legal aid funding. It is imperative that this support continues. The LASPO review was informed and evidence based. There are commitments on scope and to improve legal aid.

Examples:

• Reform how to obtain exceptional case funding.
• Changes to legal aid for guardianship cases.
• Changes to the means test. There will be a pilot on expanding early advice for their legal problems. Money has to be spent effectively.

The minister stressed the need to expand global links. An illustration is the need to build judicial links internationally and she applauded the work already being carried out.

The government will continue to encourage tech solutions and innovative solutions.

There were several mentions of the Legal Education Foundation (LEF) which has funded a number of the innovative projects discussed.

Questions and Answers

Q Eileen Pereira, PSU, raised the journeys of LIPs. How can the MoJ prevent duplication and waste of resources?

A The minister said this was a good point eg Citizens Advice and Shelter doing work on this. The government is offering £5million. People will bid and across government, officials will evaluate projects. In that way, the government will know what people are doing and will share information. They will hold a seminar for users, Lawtech companies, law centres etc. and bring people together so they know who is working on what.

Q Natalie Byrom, LEF – it is good that there is evidence-based decision-making. She asked about evaluation.

A The evaluation of the court reform programme is on a day to day basis. The MoJ keep tweaking the systems based on feedback. And there will be a panel evaluating reform. HMCTS is now considering the criteria for evaluation and will announce when the evaluation will take place in due course.

Q Stephen Davis, Tuckers – The Law Society heat map shows that the average age of duty solicitors is 47. Fees have reduced. There is an issue about long term viability. The MoJ has failed to secure tenders in social welfare work. Has the MoJ sufficient expertise to ensure the viability of the profession?

A The minister recognises the need for a viable profession for solicitors and barristers. The profession needs to be attractive for recruitment and retention. The review was published. They read the TLS response, all other responses and met many representative bodies. They have started the next stage of the review process. Social welfare law – it is important to work out how users access advice and they recognise that face-to-face solutions are important. The MoJ will pilot face-to-face advice possibly housing and compare with tech solutions.

Q Jenny Beck, co-chair LAPG – there is a problem as to how to gather data from practitioners and MoJ. You cannot draw the invisible. Thousands cannot access and digital solutions are not appropriate. Concern about evidence gathering.

A  The minister thanked LAPG for input. She accepts that there are evidence gaps. There has been the assessment and there is an action plan. They did acknowledge the lack of data and will collect what they can:

• by analysis of pilots. How affect clients? They will also capture the effect on other departments.
• the court reform evaluation will monitor client journey eg failure rates, how many cases on what subjects and results.

They are conscious of the need to collect data. But some issues are not driven by data eg what are the perceptions of fairness? MoJ has had round tables to understand what vulnerable clients feel and with support groups who support vulnerable people.

Q Sara Plover, city lawyer said that many firms in the city are doing pro bono work – what more does the MoJ want?

A The minister felt it was not her job to say. The MoJ would be happy to co-ordinate. MoJ could help set up partnerships. Christina said the legal aid community was very grateful so offered to talk further to pro bono providers.

Q Emily Weidner, The Law Society – the divorce applications on Christmas Day. Was that really good?

A The MoJ want to make it easier for people to take cases forward. As regards family initiatives, the government is about to respond to no fault divorce.

Q David Marshall, Anthony Gold asked about the evidence from a paper by economists Fenn & Rickman referenced in the Part 2 response that there had been about a 20% fall in damages paid by defendants in clinical negligence cases post-LASPO (that is before any deduction of success fees from damages).

A The minister did not directly address that.  She said that most respondents thought the Part 2 reforms were working well, with the exception of concerns as to how DBAs were working in practice, and that there was no evidence of any fall in claims numbers and took that to mean that access to justice had been retained, but that it was difficult to assess beyond that. She did not deal directly with the point about damages, nor with why this hard quantitative evidence had not informed the policy.

Q Mona, trainee at Lovells – it can be difficult for people to use app-based systems. How is the MoJ tackling this?

A The minister has been to tribunals,  is liaising with HMCTS. It would help if departments get decisions right first time. They want people not to have to go to court. But if they do, then first-tier tribunal judges can review the documentation and make early decisions. The process is being tried now so should improve issues. There has been recruitment to appoint more judges.

For those who think technology is not the answer she gave the example that many young people contact the Samaritans by text rather than ring.

Q Carol Storer, Chair of The Law Society’s Access to Justice Committee asked about now – legal aid and courts – some people are enduring terrible experiences – what is the MoJ doing now as opposed to in the future? For example, people who need advice now with nowhere to go or people involved in court cases in person. They may go to court and there is nowhere to get any help if court offices are closed

A Don’t dismiss £1.6bn being spent on legal aid. What is the best way to help people and at what stage? LASPO review proposes imminent change.

Q Lord Mackay – asked about the quality of judiciary.

A The judiciary are very important. The MoJ need to work with the profession to attract more applicants.

Q David Hodson, International Family Law Group. All family jurisdictions. We say mediation must be voluntary. Other jurisdictions have or are looking at compulsory mediation. Should the MoJ?

A The minister has met many mediation organisations and are working with them.

Q Dr Natalie Byrom – can research community do more? Lots of people if moved from court process to mediation may not be able to get result they should. How monitor?

A There is a fantastic team at the MoJ and she welcomes support ideas and help. They are doing a lot of work on family law eg:

1. Public family law working with another MP. Cross-government working is essential.
2. The domestic abuse bill is going through Parliament now.
3. There has been a second reading in parliament of the FGM private members bill.

Christina Blacklaws thanked the minister and urged people to talk to her and The Law Society staff if anyone wants to be involved in any of this work.

 

The LAPG CPM provides 60 hours of management training and is a great opportunity to develop management skills for legal aid practitioners, whether experienced or new to a management role.

In 2015, Legal Aid Practitioners Group got funding from the UK Commission for Employment and Skills to work with legal aid practitioners to design training and development that would meet their particular needs.  They now have a tried and tested programme, based on the SQM, Lexcel, legal aid contract compliance and incorporating a wide range of good practice. It is suitable for both solicitors firms in private practice and NfP agencies with legal aid contracts.

Session 1 Financial Management – 13 January 2017 Understanding the financial implications of running a legal aid practice, understanding accounts, setting budgets, cash flow and forecasting.

Session 2 – Business Planning and Risk Management – 24 February 2017 Also includes gathering management information and using dashboards to review performance and track key metrics.

Session 3 – Legal Aid Contracts, Marketing and developing your profile – 24 March 2017 Senior managers from the LAA will help you understand the contract from the LAA’s perspective. Marketing expert, Jo Edwards, will show you how you can raise awareness of your practice, projects and services, with a particular emphasis on online and social media.

Session 4 – Managing people – 21 April 2017 Matt Howgate and Vicky Ling will help you work through the challenges of managing staff, including setting targets, supervision, bullying and inappropriate behaviour and equality and diversity.

NFP session – TBA 2017 Fundraising and income generation.

Cost – £1400 for LAPG members – £1600 – non-members Includes all sessions, handouts on all topics covered, ‘grab and go’ guides, textbooks on finance (by Andrew Otterburn) and best management practice for professionals (by Fiona Westwood), lunches and refreshments throughout.

Contact Chris Minnoch chris.minnoch@lapg.co.uk

The LAA has announced that it will use a single email address as a contact point for immigration applications, high cost civil applications and for exceptional caeses. The new address takes effect from 1 November and the old ones will stop working from 11 November.

It says:

The email address is:

contactECC@legalaid.gsi.gov.uk

In order to direct your email to the correct team you need to provide specific information in the email subject line. This should include:

• key words (stated below in bullet points)
• application / claim form number (if appropriate)
• client reference number

The key word will change according to where the case sits within the ECC team.

Exceptional Case Funding application / enquiry

If you are providing information about an ongoing ECF case, or have a question about an application where a certificate has been granted, you should select one of the following ‘subject’ titles:

• ECF
• Exceptional case funding
• Direct applicant
• Inquest

High Cost Civil application / enquiry

If you are providing information about an ongoing HCC case, or have a question about an application where a certificate has been granted, you should select one of the following subject titles:

• High Cost Civil
• HCC
• Case plans
• QC
• Events

Immigration application / enquiry

If you are providing information about an ongoing immigration case, or have a question about an application where a certificate has been granted, you should select one of the following subject titles:

• Immigration
• Asylum
• SIAC
• Special Immigration Appeals Commission