Tag Archives: contracts

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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Legal Aid Agency changes start date for civil and family tender

On the 20th of January, the LAA announced that it intended to run a two-stage tender process for civil and family contracts to start in April 2018 and that stage 1 would probably start in April 2017, with stage 2 in August 2017. In February they announced that a family mediation tender would open at the same time.

On Friday 17 March, they announced that instead they would be running both the selection criteria and invitation to tender stages together in May 2017.

Practitioners will need to remain vigilant and watch out for further LAA announcements. They can be found here.

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Deadline to accept crime contracts extended

The LAA has extended the deadline for accepting crime contracts and securing slots on the next duty rotas by two days.

The deadline was due to expire on Monday 20th March, but many firms have reported that they have still not received their contract schedule – and so could not accept and return it.

The LAA has therefore extended the deadline until 22nd March. It posted this on its website this afternoon:

Contract schedules for organisations that have completed verification have now been uploaded and are ready to accept. Unfortunately, this process has taken longer than anticipated and we apologise for any inconvenience.

Accordingly, we have extended the time for you to accept these contracts and secure your rota slots. You now have until 5pm on Wednesday 22 March to accept.

If you have not received a contract schedule and have not received a communication from us about any further delay with your contract documentation, you should contact us via the Bravo E-tendering system and headline your message ‘contract query’.

While the time has been extended, we would advise that you accept your contract as soon as possible in case you encounter any technical difficulties.

We are continuing to upload crime contract schedules for all those organisations which will be included on duty rotas in April 2017. We are aiming to complete this today.

If you have not received a contract schedule by 5pm today (16 March 2017) and consider that you should have, please check Bravo as we may have already communicated with you about this.

If you consider that your contract schedule is still outstanding please notify Bravo e-tendering system heading your message ‘Contract query’.

If you are having trouble accessing your documents in CWA please refer to the guidance available on our website.

Please also ensure that you have set up the requisite number of ‘designated signatories’ on CWA. Guidance on how to allocate a designated signatory in CWA is available on our website.

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New point of principle

The LAA has published an updated Point of Principle Manual. It includes a new PoP, CLA59, which applies to both civil and criminal work. The PoP says:

Where a provider exercises discretion as provided for under the relevant Financial Regulations an assessor may only overturn a determination that an individual qualifies for services where the provider’s determination was manifestly unreasonable.

This point of principle applies to any aspect of the determination which requires a provider to exercise an element of discretion. It does not override any mandatory regulatory or contractual duty relating to the assessment of means. Any determination that an individual is financially eligible for legal services must comply with all relevant regulatory and contractual provisions. In complying with these provisions providers must have regard to the Lord Chancellor’s Guidance issued in relation to determining financial eligibility.

This is a useful re-statement of the principle that the role of the assessor is not to substitute their own judgement for that of the lawyer doing the work. The lawyer’s exercise of a discretion within the scheme should only be overturned if, based on what was known at the time, it was manifestly unreasonable.

PoPs don’t apply to the 2015 civil and 2017 criminal contracts. However, this is a re-statement of a general principle (see also our post on equivalent case law here, and see CLA56, which applies the same principle to the more limited issue of exercise of delegated functions). As such, the LAA should be taking the same approach across all work.

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MoJ consults on changes to crime fees

Alongside the consultation on AGFS, the MoJ has launched another – this time on LGFS and on fees for court-appointed advocates to cross-examine on behalf of unrepresented defendants.

The LGFS consultation proposes reducing the PPE limit from 10,000 to 6,000 pages, with anything over that being paid as special preparation rather than PPE. The justification is to reverse increases on overall spend since costs decisions widening the definition of PPE in cases involving electronic evidence. It is said to represent a temporary measure pending wider reform of LGFS.

Although no firm announcement has been made and a connection is not explicitly drawn, the paper strongly suggests that the second 8.75% fee cut for litigators, postponed for one year by Michael Gove, will not be introduced only if this change is made instead.

The paper also contains a separate proposal to reduce the fees paid to court appointed advocates in cases where unrepresented defendants are prevented from cross-examining complainants in person. Currently “reasonable fees” are allowed; it is proposed to reduce that to legal aid rates.

The consultation paper can be found here, and closes on 24 March 2017. Practitioners will need to give it careful thought and respond accordingly. It is explicitly designed to reduce the costs payable in more complex Crown Court cases – the impact of that will vary from firm to firm and may be more or less than the across the board 8.75% cut in individual cases.

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Further delay on duty rotas

Following recent problems in processing CRM12 forms the LAA has delayed issuing new duty rotas until March, with revised scheme membership lists coming out this week.

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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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