As we reported here, the High Court quashed the LAA’s decision to re-configure the boundaries of court duty schemes and tender based on the larger scheme areas. It found the basis for the plan to be so lacking in evidence as to render the decision irrational. As a result the LAA has now announced that it has cancelled the tender. Any bidders previously notified of a successful outcome will not now be awarded a contract. Although the announcement does not set out next steps, we understand the LAA has now written to existing providers offering a one year extension to 30 September 2019. The work will be based on the 2013 contract specification, not the new 2018 specification.The purpose of the one year extension is said to be
to enable a review of relevant policy and to provide the time needed to prepare and run a new procurement exercise for these services.
Existing providers who wish to continue will be required to have a 2018 contract in housing and debt. It is not clear what provision the LAA has put in place where the existing contract holder has not bid for a 2018 contract, which would mean they cannot continue and therefore there is no provider to continue the existing scheme until September 2019.
The High Court has quashed the LAA’s tender for housing court duty possession schemes in R (Law Centres Federation Limited) v Lord Chancellor  EWHC 1588 (Admin). The Law Centres Federation argued that the decision to reduce the number of contracts available by increasing the size of scheme areas to cover multiple courts was irrational and in breach of the public sector equality duty.
Andrews J was heavily critical of the LAA and MoJ’s approach to decision making, in particular the gathering of evidence. She found that a series of questionable assumptions without data had been made, and the position of the representative bodies mis-represented. Submissions to ministers were “woefully inadequate” and necessary enquires had not been carried out. As a result, the minister making the decision was misled and not properly briefed, and consequently reached a decision no minister, properly briefed and in possession of all the facts, could reasonably have reached.
It is not yet known whether the Lord Chancellor will appeal or what action the LAA will take to ensure schemes can operate beyond September 2018 now that the tender process awarding new contracts has been quashed, with existing providers already given notice of termination. We will report developments.
The Criminal Bar’s action against the reforms to AGFS, which came into force on 1 April, started this week. Many barristers have indicated that they will not accept instructions, or returns, on cases with a representation order dated on or after 1 April, and which are therefore subject to the new AGFS regime. More information can be found on the CBA website here. Meanwhile, the Law Society’s judicial review of the reforms to the LGFS scheme is due to be heard soon.