Tag Archives: duty

Crime duty tender postponed until October – 2

Further to our post last night, we understand successful bidders for own contracts have received the following message through the LAA e-portal:

Today we move to the next stage of implementation for the Crime duty tender. To support bidders in preparation for new contracts, we are publishing additional information in the form of:

• A draft version of the Duty Provider Contract standard terms

• A draft version of the Duty Provider Contract specification 
• Summary table of changes in new draft contract compared with current 2010 contract 

These documents are available via the following link: 
http://www.justice.gov.uk/legal-aid/contracts-and-tenders/2015-duty-provider-crime-contract

In combination with the Law Society’s ongoing work with its members, we will also be providing market engagement opportunities to support firms in preparing for new contracts during August. In September we will publish a further round of tender information to help bidder preparations.

We have always been clear that we will do everything we can to support the transition to the new arrangements and to provide bidders as much time as possible to prepare. In order to give bidders sufficient opportunity to absorb this information, we will begin the formal tender in October.

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Crime duty tender postponed until October

The LAA had previously said that the tender for duty work from 2015 would open by the end of July. As at close of business today, there was nothing on its website regarding the tender, though it has published draft contract documents. However, the Gazette’s Catherine Baksi is reporting that the tender has been postponed until October.

 

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Own client crime contract tender has opened

As we previously reported, the own client crime tender has opened today. An ‘own client’ is defined in the standard terms as ‘…an individual who selects you, at the point of request, anywhere in England and Wales and who does not fall within the arrangements under the 2015 Duty Provider Crime Contract.’

Firms will need to obtain an own client contract in order to do any crime work from 1 July 2015. There will be a separate bid process wanting to do ONLY prison law and/or appeals and reviews work, likely to open in late 2014/early 2015. If you want to do prison law/appeals and reviews as well as other own client work, you must apply now.

There will be a further tender for duty work, opening in July.

The timetable for the own client tender is as follows:

  • Final date to submit questions – 12 May at noon
  • Final FAQ answers to be published – 19 May
  • Deadline to submit a tender – 23 May at noon
  • Outcome communicated – Late June 2014
  • Verification process – January-May 2015
  • Own client only contracts to start – 1 July 2015

The likely timetable for the duty tender is:

  • Tender process open – July-September 2014
  • Notification to shortlisted applicants following assessment of selection criteria and financial criteria – November 2014
  • Outcome communicated – Early February 2015
  • Contract execution and start date – February 2015
  • Mobilisation period – February – June 2015
  • Duty contracts to start delivering services – 1 July 2015

The information you will need to consider your bid is:

  • The draft Own Client Contract (standard terms and specification), schedule, contract for signature, supervisor forms, indemnities and guarantees, payment protocol and summary of changes from the 2010 contract. They can be downloaded here.
  • The information for applicants and outline of the duty provider contract, which can be downloaded here.
  • Thinking ahead to a duty provider bid, you will need the previously published information packs.
  • Procurement areas are set out in annex c – table C2 in the MOJ’s crime consultation response (see under ‘Results’ down the page .

Note that by the service start date you will need to have:

  • SRA authorisation
  • At least one office in England/Wales meeting the definition in the specification (para 2.33)
  • A full time (equivalent – could be more than one person) supervisor. There is a new ratio of 1 supervisor to 4 caseworkers who do not qualify as supervisors – supervisors need training or experience of supervision as well as defined experience of criminal law practise.
  • Note that except for prison  law, a supervisor can only work for one organisation.
  • Note also that the standard terms make it very clear that a superisor must be an owner or employee of the organisation. Freelancers/consultants etc cannot be supervisors.
  • Current accreditation to Lexcel or the SQM.
  • An operational email address.

If you are intending to operate as a new organisation in 2015, you must submit your application as from that organisation, even if it does not at present exist.

The IFA is full of detailed information and it will take time to assimilate it. You can’t start too soon.

 

 

 

 

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News round up

In this update:

  • New Point of Principle
  • High Court criticism of criminal legal aid
  • LSC telephone opening hours change
  • Accepting duty solicitor calls
  • Civil tenders – late submission
  • Immigration stage claims

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Weekly round up

In this update:

  • Legal aid bill – the end of the road
  • New criminal forms
  • Guidance for solicitors and barristers billing civil cases
  • Family high cost case plans
  • Deadline for duty solicitors

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Key date for duty solicitors

The LSC has announced the deadline for criminal duty solicitors looking to move rota.

Any solicitor wishing to move rotas, or join a rota for the first time, must get form CDS12 to the Nottingham office to be received by Monday 14th May.

New duty solicitors will need to send evidence of CLAS membership along with the form.

Existing duty solicitors not looking to change rotas don’t need to do anything.

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New duty solicitor rotas

The LSC is preparing the criminal duty solicitor rotas for January to July 2012. Existing duty solicitors who wish to remain on the same rota need do nothing. Solicitors wanting to move rota need to submit a form CDS12. New duty solicitors need to submit a CDS12 and either a CLAS certificate or proof of application for one (if the latter, the CLAS certificate must follow by 14th January 2012).

CDS12s must be submitted to dutysolqueries@legalservices.gsi.gov.uk to arrive by 5pm on 14th November 2011.

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Announcements week ending 5th August 2011

The fallout from the collapse of the Immigration Advisory Service continues. There was an excellent piece in the Guardian this week, pointing out the human cost of the loss of IAS and the wider cuts facing immigration legal aid. Following previous announcements about re-allocation of urgent cases and unused matter starts, the LSC have given an update on progress, promising news on tenders next week.

Criminal duty solicitor rotas for the period July to January have now been posted on the LSC website (a mere month after they started), and the LSC has also confirmed that their Chester office will no longer accept criminal bills. CDS4 and 5 forms should be sent to Nottingham, CDS7s to Nottingham or Liverpool, and CDS4as to Liverpool.

CDS4, 4a, 5 and 7 forms, as well as civil POA1s, can now also be submitted electronically following the roll-out of the LSC’s e-forms initiative. Details on how to sign up can be found here. The LSC argues that the process is quicker and more efficient, and leads to faster payments, than using paper forms.

Also this week, we have posted separately on extension of JR devolved powers and new crime forms. See also here for an important case on costs.

Finally, ITV’s Tonight programme next week will be called “What Price Justice?”, investigating the impact of the legal aid bill. We understand the focus will be on clinical negligence, but other areas of legal aid will be covered as well. The programme will be broadcast on Thursday 11th August at 7.30pm on ITV1.

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Key date for duty solicitors

The LSC reminds criminal firms that the new set of duty rotas – for the period July to January next year – are about to be compiled. Duty solicitors currently on a rota who do not want to change their scheme memberships need do nothing. But anyone wanting to join a scheme, whether a new duty solicitor or an existing one moving rotas, needs to get a completed CDS12 (and, if a new duty solicitor, copy CLAS certificate) to the LSC by 5pm on 13th May. There is a dedicated email address – dutysolqueries@legalservices.gsi.gov.uk – and failure to use that address, or missing the deadline, will mean no slots will be allocated until the next rotas in 2012.

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