Legal aid
Last updated: 8 February 2012
Legal aid update
All the latest legal aid developments, sent to you by email
Practice notes
Other resources
Legal aid provides the profession with over ten per cent of its total income. It has been subject to constant change over the past twenty years and these pages will help you understand what the government is doing, how the Law Society is responding, and what help we can provide you with.
Latest information
Family tender for licence-only contracts
The tender process for family licensed work opened on Monday 6 February and the deadline for receipt of tenders is 12 noon on Monday 20 February. Applications must be made through the Legal Services Commission's online eTendering system. Those that were successful in the recent tender exercise need not apply.
Full application details
New family and housing fees
Practitioners should be aware that new fees for family and housing cases came into force on 1 February 2012.
View details of the new fees
Changes to reconciliation protocol
Following discussions with the Law Society last year, the LSC has amended the monthly payment system for legal aid work, and is now offering providers a choice as to how they are paid for Civil (Legal Help) and Crime (Lower) work.
Details of the new payment arrangements
New CDS forms
New versions of the Criminal Defence Service (CDS) forms 14 and 15 are now available. The LSC website states that the forms are mandatory from 1 February 2012. However, it has agreed special arrangements for the CDS forms, whereby the current version can be used for three months after LSC stocks have run out.
More about the CDS forms
Avoiding errors when submitting bills
Delays in processing legal aid bills are a major cause for concern for providers and the Society is continually monitoring the situation and urging the LSC to improve its performance. However, some delays are caused by provider errors when submitting claims for costs and the LSC has issued guidance on the process.
Read the LSC's guidance on avoiding errors (PDF)
LSC appoints new chief executive
The Legal Services Commission (LSC) has recruited its new chief executive Matthew Coats from the UK Border Agency. The Law Society has vowed to continue its constructive engagement with the LSC when he takes up the role in February.
Read our press release
New client and cost management system
The LSC has set up a working group with the Law Society and other representational bodies to facilitate the implementation of a new client and cost management system for civil and family certificated work next year.
Find out more
Society disappointed with Henthorn judgment
We are disappointed that the Court of Appeal has overturned a High Court judgment that prevented the LSC from recouping payments on account if recovery proceedings are not commenced within six years of the conclusion of a case.
Read more about the judgment
Law Society welcomes delay to legal aid reforms
The government has postponed the implementation of new rules governing civil and family legal aid by six months from October 2012 to April 2013. Its consultation on competitive tendering for criminal work has also been delayed until autumn 2013, with the first tender expected in 2014.
Read more
Legal aid conference 2012
Don't miss our first legal aid conference on 22 March 2012. This essential event will help prepare you for the many reforms coming into effect over the coming year and answer the key questions:
- how will my business be affected?
- how can I protect my business?
- what new opportunities exist?
Expert speakers will cover competitive tendering, the Family Justice Review, LSC audits, telephone gateway proposals and much more.
Find out more and book your place - early bird rates available
Family contract tender result
The results of the tender for new family contracts commencing on 1 February 2012 have been announced.
Read a summary of the results
Criminal legal aid applications ? common errors
Her Majesty's Courts and Tribunals Service has issued guidance to help solicitors avoid some common errors in application forms for criminal legal aid.
Read the guidance
Cases discharged at committal will be funded
Following enquiries by the Law Society, the LSC has confirmed that: ‘cases where the magistrate’s discharge a defendant at committal following a successful submission of no case to answer are treated as cases where committal proceedings are discontinued or withdrawn’.
Read more
Henthorn appeal
Judgment has been reserved in the LSC's appeal against a High Court ruling that its action to recover payments on account was statute barred by the Limitation Act due to the delay in bringing the claims. The Law Society intervened in the appeal in support of the ruling.
Read more
Removal of committal fee: analysis of professional obligations
From 3 October 2011 solicitors will not be remunerated under legal aid for representing defendant clients in either way cases under a representation order before the magistrates' court, if clients are committed for trial. The Law Society is seeking urgently to find a resolution to the serious problems that are likely to arise from the removal of the fixed fee. In the meantime we have set out our view on what a solicitor's professional obligations are to a client in such cases from 3 October.
Read our analysis
Family tender practice note: correction
Our recent practice note, verified by the LSC, stated that negligence claims must be disclosed only in relation to publicly funded areas of law. The LSC has now confirmed that negligence claims in any category of law other than conveyancing, wills and probate must be disclosed regardless of how that work was funded. We apologise for any inconvenience caused.
See the revised practice note - correction at section 5.3
Please note: family tender deadline is at noon on 3 October 2011.
Are you still experiencing payment delays?
We are still hearing from practitioners that there has been no improvement in the payment of claims. This is despite the LSC's assertion that it has started to reduce the backlog and the processing time. We'd like to hear from any affected practitioners.
Tell us about your experience
Family: LSC pilot project for very high cost cases
Family practitioners undertaking very high cost cases may wish to consider taking part in the LSC pilot project for family cases involving a single junior counsel.
More details
New legal aid rates
The LSC will be implementing significant changes to civil (non-family), crime and experts' fees on 3 October 2011. New rates in the family category of law will be introduced with the new contracts on 1 February 2012.
Full details
Continuing problems at Havering court
Following further delays in processing applications at the centralised legal aid unit at Havering Magistrates' Court, we understand that a recovery plan has been put in place. From the beginning of October, all applications should be completed within six days.
Find out more
Family tender process: new practice note
The Law Society has issued a new practice note to guide family legal aid lawyers through the application process for interim family contracts. The tender closes at noon on Monday 3 October.
Read our practice note
LSC family tender process - recorded webinar
Family tender: open letter from Carolyn Downs
The Legal Services Commission's chief executive Carolyn Downs has written an open letter to potential applicants for interim family contracts. The LSC has also clarified that no panel membership beyond that required by the Supervisor Standard is needed to apply for a contract.
Find out more about panel membership and the tender
Read the letter from Carolyn Downs (PDF)
Payment delays: banks alerted to problems
We have received a positive response from several banks to our request that leniency is shown towards firms who may be experiencing cashflow problems due to late payments from the LSC. Affected firms are advised to contact their bank with the level of payments outstanding, when payments are expected and the likely impact on cashflow.
Find out more
Family tender process: attend our webinar
The tender for the interim family contracts starts on Monday 5 September 2011 and lasts for four weeks. Our webinar on 7 September will cover:
- a summary of the main changes to the legal aid contract 2007 and the tendering process
- the timetable for tendering
- what the Legal Services Commission wants to buy and how it intends to buy it
We will also shortly issue a practice note on the family tender process.
Family tender webinar details
Family tender
The Legal Services Commission (LSC) has published details of the tender for 2012 family contracts, which include some key amendments following the consultation process. The tender will commence on 5 September and last for four weeks. Those providers who offer housing in conjunction with family work will also have to bid for new housing contracts.
Read the planned timetable and amendments
Read a letter from the LSC to representative bodies (PDF)
Read an LSC summary of the consultation responses (PDF)
Legal aid changes: what you need to know
Our free regional roadshows will update you on the potential changes to legal aid and how firms can prepare. You will also have the opportunity to feed into our campaign against the government's proposals. Further roadshows on the Jackson proposals will be announced soon.
See full list of roadshows
Sound Off For Justice campaign
Related event: Legal aid changes: webinar
Law Society contacts banks over payment delays
The Law Society has written to the chief executives of the main clearing banks, requesting leniency towards legal aid firms who may be experiencing cash flow difficulties as a result of payment delays from the LSC.
Legal aid cuts leave immigration clients stranded
The Law Society has warned that the closure of the Immigration Advisory Service (IAS) will leave thousands of clients without representation. Firms interested in taking on urgent IAS work should contact the Legal Services Commission (LSC) by midday on Monday 18 July.
Find out more
Family tender: interim contracts
The LSC is consulting on the approach to procuring interim contracts for the delivery of family services. The interim contracts will continue until the scope cuts become effective. The LSC intends to extend current contracts until February 2012.
Read the consultation
Criminal legal aid applications: HMCTS guidelines
The Law Society has met with HM Courts and Tribunals Service (HMCTS) to discuss the delays in processing criminal legal aid applications at the new centralised office at Havering magistrates' court. HMCTS is addressing the problems and it has issued guidelines on speeding up the process.
Read more
Litigator Graduated Fee Scheme: payment delays
The Legal Services Commission (LSC) has sought to explain the significant delays in payment of bills to criminal legal aid practitioners who undertake Crown Court work.
Read the LSC explanation
Bureaucracy and audits
The Law Society and other practitioner groups have met with the LSC to discuss how bureaucracy and unnecessary administration for legal aid practitioners can be reduced. The LSC has agreed to prepare a formal response to our proposals and concerns.
Read more
Unrecouped payments on account: watch the video
Law Society president Linda Lee discusses the latest developments in the Henthorn appeal and our maladministration complaint.
See the video
New family fee schemes
The LSC will introduce two new family fee schemes on 9 May 2011.
Read more
LSC audit processes: let us know your experiences
Practitioners will be aware of a recent increase in audit activity by the LSC. In some cases this has consisted of several different types of audit occurring within a short time frame. We have raised concerns with the LSC and we'd like to hear about your experiences.
Read more
Mental health and public law: matter starts
The LSC has announced details of matter starts in public and mental health law.
Read details
Unrecouped payments on account: Henthorn update
We recently reported on the High Court decision of LSC v Henthorn, which held that the Legal Services Commission (LSC) recoupment of old payments on account is subject to the Limitation Act, and amounted to an abuse of process. The LSC has issued a notice of appeal and we are now seeking permission to intervene.
Read more
Devolved powers in judicial review cases
The Legal Services Commission has confirmed that devolved powers in judicial review cases, due to expire on 31 March, will be extended on current contract terms until the end of June. A consultation will be published soon and we will keep you updated.
Family costs point of principle
Practitioners should be aware how a new point of principle CLA54 interprets the word 'meeting' in paragraph 10.55(i) of the Unified Contract Specification. It includes the giving of substantive instructions by telephone, video conferencing, and instant messaging in some circumstances where disabled clients are unable to use the phone.
Read more
Family Justice Review
The interim report of the Family Justice Review has been published.
Read the report (PDF)
Crown Court: power of court to grant representation
The MoJ has acknowledged that the new scheme for Crown Court means testing initially led to some confusion. Therefore, most orders issued prior to 1 January will be paid. However, you should be aware that orders issued erroneously by the Court after this date will be scrutinised more closely, and are very likely to be refused.
Read more
Civil tender round - recovery of losses
The Law Society is disappointed that the Legal Services Commission (LSC) is unwilling to agree a structured compensation package for those firms that incurred losses in the 2010 family law tender round.
Read the full press release
Competitive tendering consultation
The Law Society has commissioned Frontier Economics to assist us in responding to the government consultation on competitive tendering for criminal defence services. A questionnaire will soon be published and we encourage practitioners to respond.
Find out more
Society criticises mental health consultation delays
The Law Society has criticised delays to the LSC's consultation on the 49A Disability Discrimination Act and the impact assessment on clients in high security hospitals. We believe that the proposed timetable is unacceptable and vulnerable clients' rights could be infringed.
Read more
Advocates graduated fee scheme payments
Advocates graduated fee scheme (AGFS) claims are now being processed and paid by the LSC. To prevent AGFS claims being rejected by Her Majesty's Courts Service or the LSC and therefore delaying payment, the LSC has issued clarification as to where claims should be submitted during this transfer period.
Read more on AGFS claims
LSC bureaucracy: send us your proposals for change
The Law Society is looking at ways to reduce the bureaucracy of the Legal Services Commission (LSC) contract requirements and forms. The LSC has expressed a willingness to consider simplifying the forms to reduce the administrative burden on practitioners.
Let us know your views
Litigator graduated fee scheme: payment delays
Crime practitioners will be aware of recent administrative blunders, which have created a backlog of over 4,000 graduated fee claims waiting to be paid. The Society believes that some firms may be able to make a compensation claim through the LSC's maladministration procedures.
Read the Gazette article
New family fees scheme
The Ministry of Justice is consulting on the Funding Order to bring in the new family fee schemes, which were due to come in last year. The LSC is also consulting on the necessary contract amendments. It is intended the changes will take effect from 2 May.
Unrecouped payments on account: significant judgment
The High Court has held that the LSC's ability to recoup payments on account on old cases is subject to the statutory limitation period running either from the date that the payment on account application was made or, the date that work on the certificate was completed. The LSC had previously claimed that the Limitation Act does not apply in these cases and it intends to appeal the decision.
Read the judgment
Reporting changes introduced in April 2011
The LSC is introducing a number of key changes in both civil legal help and crime lower reporting in April 2011. The changes will apply to the April submissions entered in Contracted Work & Administration (CWA) on or before 20 May 2011.
Read more
Mental health: supervision standards
Following the legal challenge to the public law and high security hospital contracts, the High Court ruled that the Legal Services Commission must ensure that all firms holding public law and mental health contracts comply with the stated supervision standards by 1 February, and any that do not must have their contracts removed.
Find out more
Transfer of AGFS claims to LSC
The processing, validation and payment of claims under the Advocates' Graduated Fee Scheme (AGFS) is being transferred from Her Majesty's Courts Service to the Legal Services Commission (LSC).
More details and how it affects your claims
Civil contracts for signature
All new civil contracts, apart from the family law contract, are due to start on 15 November. The Legal Services Commission (LSC) gave a very short time frame for practitioners to sign and return the contracts.
Read more on the LSC website
Supervisor standards
Supervisor standards are now included in the civil contract. It is therefore essential that practitioners are aware of the requirements as failing to fulfil them will be a breach of contract.
Find out more about the requirements