Tag Archives: clinical negligence

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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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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Civil and family tender update

There have been several developments since we reported that the LAA opened the tender for face to face civil and family contracts to start in September 2018.

Tender open for HPCDS

The Agency has gone ahead with a complex price competitve tender for Housing Possession Court Duty Schemes (HPCDS), which seems unlikely to solve the crisis in finding sufficient practitioners to provide the schemes; but only time will tell. More information can be found here.

Most people are finding the process straightforward

However, most of the feedback we are receiving from practitioners bidding for face to face contracts is that the process is more straightforward than they anticipated.

People like the button which checks whether they have responded to all the questions they need to.

They also like being able to download a PDF of their bid. On the relevant ITT page, look out for the three little dots in the top right hand corner. If you click on that and then select ‘printable view’, you will be able to download a PDF of your bid.

FAQs

The LAA has issued some initial frequently asked questions – FAQs. These are worth reading. Amongst other things, they confirm that you will be able to withdraw from part of your bid without jeopardising the rest of it (FAQ 10.1).

Miscellaneous NMS

All successful bidders will get 5 miscellaneous NMS; but you can bid for 25 or more to undertake compensation claims for vicitims of trafficking and modern slavery. ATLEU (legal charity the Anti Trafficking and Legal Exploitation Unit) is encouraging practitioners to apply. They point out that this work is ideally suited to employment lawyers, discriminantion lawyers, personal injury lawyers and civil litigators more generally. With claims for failure to pay the National Minimum Wage (which are often a feature of such cases) being worth upwards of £100,000, perhaps this is worth considering? More details can be found on ATLEU’s website.

 

 

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All civil and family tenders for 2018 now live

HPCDS contracts

The LAA announced on Thursday 12 October that the Housing Possession Court Duty Scheme (HPCDS) tender was open, which meant that all tenders for contracts to do legal aid work from the autumn of 2018 are now live. Details can be found here

The deadline to submit a HPCDS tender, which includes competition on price, is 4 December 2017.

To hold a HPCDS contract you must hold a Housing contract – tender deadline 10 November 2017.

CLA telephone service

The tender deadline for telephone services (which includes competition on price) in Housing and Debt, Family, Education and Discrimination is 10 November 2017.

Face to face contracts in all civil categories, family law and mediation

The tender for these contracts do not include price competition. Every applicant which submits a technically correct bid will be offered a contract. The deadline for submission is 10 November 2017. There is more information here.

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Civil contracts for 2018 – tender open

The Legal Aid Agency has opened the tender for civil, family and mediation contracts to start on 1 September 2018. If you want to do legal aid work after 31 August 2018, you must submit a bid by the closing date and time 10 November at 5pm. Details can be found here.

The contracts will run for three years with an option for the LAA to extend for two years. Existing contracts are being extended.

You need to bid using the LAA’s tendering portal here.

Apart from Housing Possession Court Duty Schemes (HPCDS) and the CLA telephone service, bids are not competitive. As long as you can demonstrate that you meet the LAA’s requirements, and submit a technically correct bid, you will get a contract. The details of the tenders for HPCDS and CLA contracts will be released soon.

Top tips for successful bids

  • Read the Information for Applicants carefully. The answers are almost always in there somewhere
  • Where they are not, submit a question through the message board on the portal – the LAA publishes all questions and answers received
  • Read the FAQs carefully and submit your bid after the final ones are published; but comfortably in advance of the tender closing date
  • Register your bids on the portal as early as you can and start completing the Selection Questionnaire (SQ) and the Invitation to Tender(s) (ITTs) you are interested in. You will know some of the answers straight away and can come back to the ones you need to go away and find information to complete
  • Allocate a small team to the bid – say two people to complete it and a third to check it
  • Make sure several people are registered to receive emails about the bid. Sometimes the LAA raises queries that need to be answered quickly. You don’t want to miss them

The Law Society is running tender workshops throughout England and Wales. They are recommended. Details here.

LAPG is also running workshops between 27 September – 3 October – details here – also recommended.

 

 

 

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Timetable for 2018 civil/family contracts announced

The LAA announced its long-awaited timetable for civil/family contracts today. This is for face to face contracts and the CLA telephone service.

The tender process for new contracts will open in mid-September (exact date not specified) and remain open for 8 weeks, closing in November.

The LAA expects to notify successful bidders about face to face contracts in March 2018, and the CLA telephone service contracts in May 2018.

The start of the new contracts will not be 1 April 2018, as previously announced; but 1 September 2018 (but see more information on Housing Court Possession Duty Scheme (HPCDS) contracts below).

In the meantime, current contracts will be extended.

The LAA announced in its headline intentions document in January 2017, that contracts in the following areas of law would be awarded to organisations meeting its suitability tests and able to meet quality standards: Family; Housing, Debt and Welfare Benefits; Immigration & Asylum (including IRCs); Claims against Public Authorities (currently known as ‘Actions Against the Police etc’); Community Care; Clinical Negligence; Mental Health; and Public Law.

The Ministry of Justice also published its response to the consultation on the tender process for HPCDS work. The Ministry remains convinced that larger procurement areas will result in the contracts being financially sustainable. It will also include an element of price competition in these bids. However, it intends to conduct a series of market engagement events to inform the eventual tender process in relation to scheme boundaries. We hope Housing practitioners will attend the events and provide the Ministry with feedback about their local areas.

You will need a housing/debt contract to obtain a HPCDS contract, so the tender will open in October and run for 6 weeks. The outcomes will be notified in June 2018. New HPCDS contracts will start on 1 October 2018.

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Civil/Family contracts for 2018 tender postponed

The Legal Aid Agency has announced today that it has had to postpone the civil and family contracts tender, expected to open in May, until after the election.

No new date has been set and the Agency will issue more information when it is able to do so.

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Civil and family tender timetable announced

The LAA has announced that the tender process for civil and family legal aid contracts to take effect in April 2018 will actually start this April, 2017. They will announce their intentions for family mediation contracts in due course. The announcement can be found here.

The agency has reverted to a two-stage process. Stage 1, a selection questionnaire (previously known as a pre-qualification questionnaire – PQQ), followed by an invitation to tender (ITT) in Ausgust 2017 for the following categories:

  • Family
  • Housing, debt and welfare benefits
  • Immigration/asylum (including IRCs)
  • Claims against public authorities (currently known as Actions against the police etc)
  • Community Care
  • Clinical Negligence
  • Mental Health
  • Public Law

The LAA stresses that the tender in relation to the above will simply test organisations’ ability to meet minimum tender requirements and all organisations which can do so will be awarded contracts. However, organisations seeking higher numbers of matter starts may need advanced panel accreditation. Family practitioners will be able to apply for licensed work only contracts if they wish.

Timetable

  • SQ opens – April 2017
  • Notification of SQ outcome – June 2017
  • ITTs open (except HPCDS) – August 2017
  • Notification of ITT outcome – December 2017
  • Verifiation process – January – March 2018
  • Contract starts – 1 April 2018

Housing Possession Court Duty Schemes

Those interested in Housing Court Possession Duty Schemes are warned that the government is currently consulting on whether to increase the size of the schemes, so that some could cover a number of courts. They are also considering an element of price competition in relation to HPCDS work. At first sight, it is difficult to see how economies of scale could result by simply grouping courts together as proposed. The consultation opened on Friday 20 January and will close on 17 March 2017. You can download the consultation paper and respond here.

  • Notification of Housing, Debt and Welfare Benefits contracts will be prior to the HPCDS ITT opening – in October 2017
  • HPCDS ITT opens – October 2017
  • HPCDS ITT outcome – January 2018

More flexibility

The LAA says that the new contracts are likely to be more flexible in a number of ways which practitioners may find helpful:

  • Allowing remote working arrangements such as delivery of advice by email, telephone or video conferencing where appropriate
  • Ability to self grant up to an additional 50% of matter starts over those awarded
  • Ability to reallocate up to 50% of matter starts between your own offices (subject to LAA consent)
  • All organisations will receive 5 miscellaneous matter starts in addition to their category matter starts

Likely changes you may need to plan for

  • Stricter definition of ’employ’ in relation to supervisors
  • Changes to the mental health supervisor standard
  • Limits to representation by counsel/agents in mental health
  • New mental health capacity (welfare) accreditation will become mandatory for that work when appropriate
  • The immigration/asylum contract will reflect changes to the IAAS scheme
  • Immigration/asylum bidders in higher lot sizes will also be able to bid for IRC work

Telephone contracts

The LAA will also be tendering for specialist telephone work, including an element of price competition in the following areas of law:

  • Family
  • Housing and debt
  • Discrimination
  • Special educational needs

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LAA annual report 2014-15

The LAA’s recently published annual report shows how much less money has been spent on securing legal advice and representation for the poorest people in England and Wales. There was an overall net reduction in expenditure of £244 million (all figures in £000), a further decrease from 2013-14, which was the first year of the LASPO scope cuts.  The reasons for the increase in crime higher were given as higher numbers of sitting days and more pages of prosecution evidence in more complex cases.

Funding type                                                          2014-15               2013-14

Civil legal help                                                       112,165                 129,776

Civil representation                                             510,212                  693,527

Crime lower                                                           332,578                 367,304

Crime higher                                                          586,457                 553,677

Central funds                                                          44,238                    89,070

The costs of legal aid administration reduced by £3.1 million, when calculated on a cash basis; although total administration costs rose by £3.3 million, largely due to the development of the widely criticised CCMS system for civil applications and bill processing, which will now not become mandatory until February 2016.

Key milestones noted include:

  • Sustained monthly above target levels for processing civil applications (97% in 20 working days)
  • Quicker processing of civil bills (99% in 25 days)
  • Reject rates for civil bills brought down to 9.2% (against a 15% target)
  • Call waiting times for the civil certificated helpline below 2 minutes 48 seconds
  • Abandoned call rate for the civil certificated helpline 10.47% (target 12%)

In relation to internal issues, the LAA:

  • Launched a management skills programme for their staff
  • Increased participation in their staff survey to 89%
  • Had lower staff sickness than the civil service average (7.1 days against 7.6 days)

Plans for the future include:

  • Concluding the legal aid change programme
  • Making CCMS compulsory
  • Finalising the transfer of crime application processing from HMCTS
  • Developing crime online billing
  • Improving telephone answering and support for digital working by providers
  • Making the LAA a better place to work

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