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Legal aid: family contract tender results

22 November 2011

The results of the tender for new family contracts commencing on 1 February have been announced. This was a non-competitive bid round in so far as once firms had satisfied certain essential requirements, they were guaranteed a contract although that contract might not be as large as the one bid for. There has been an approximate six per cent reduction in the number of offices although this figure may increase when firms make the final decision whether to take up the contracts. There were a small number of unsuccessful bids partly offset by 60 new entrants, mainly in London. The Legal Services Commission (LSC) has released further details about the outcome:

  • all applicants who have successfully completed the tender process will receive a contract and matter start allocation
  • 94 offices have been offered a licence only contract without matter starts. The high level of requests for licence only contracts has meant much less competition for matter starts than in the previous tender where all providers had to bid for a minimum number (usually 50 to 100)
  • in addition to the above, 582 offices have been successful in Lot 1 (between 1 and 50 matter starts)
  • 1,048 offices have been successful in Lot 2 (between 51 and 150 matter starts)
  • 544 offices have been successful in Lot 3 (over 150 matter starts)
  • there are only three procurement areas with less than five providers: Darlington, Kensington and Chelsea, and Barking and Dagenham. The number of providers in both Barking and Dagenham and Darlington has reduced through the tender process. However, in Barking and Dagenham there is also a Community Legal Advice Centre delivering family advice.

The tender appears to have delivered a sensible outcome although we are concerned by the drop in the number of firms, which can only be expected in the light of the ten per cent cut in fees and forthcoming scope cuts in the Legal Aid, Sentencing and Punishment of Offenders Bill.

These contracts are expected to last less than a year when they will be replaced by post Legal Aid Bill contracts with a much reduced scope for family legal aid.