Counter-Fraud Group

Plans to introduce new ways of commissioning criminal legal aid services have been published today by the Legal Services Commission (LSC). These are designed to encourage efficiency, quality and good practice and so enable more people to access criminal legal aid within the resources available.

Following the LSC’s consultation on proposals for a new system called best value tendering (BVT), we are today consulting on plans to pilot the scheme in two areas from 2010 when defence solicitors in Greater Manchester and Avon & Somerset will be asked to bid for legal aid work in police stations and magistrates’ courts.

The contracts will be given to firms that are able to show they have the capacity and ability to carry out the work and which offer the best value for money, while maintaining quality. 

The BVT proposals are designed to:

• ensure the best value for taxpayers’ money while ensuring the quality of criminal defence services for those that need it
• ensure prices better reflect variations in cost in each criminal justice area and that legal practitioners are paid a fair price for their work
• allow all solicitors – be they sole practitioners or larger firms – to bid for work on an equal basis and stand an equal chance of winning the tender
• allow firms to tender for the right amount of work for them to optimise their business.

Legal Aid Minister Lord Bach said:

“Legal aid practitioners play a crucial role in ensuring there is an effective justice system that the public can trust. I want to emphasise that only those firms able to deliver the quality of services we require will be able to bid. 

“Solicitors will be able to offer their services at a price which they know is sustainable for them and reflects the costs of provision in their local area.  It also offers firms of all sizes the opportunity to secure levels of work that they can handle, and allows them to expand should they wish to do so. 

“These proposals will help to make sure that the legal aid budget is sustainable and continues to support those in need.”  

Launching the proposals, Hugh Barrett, Executive Director for Commissioning at the Legal Services Commission, said:

“The Legal Services Commission believes that moving from a system of administratively set fees to a competitive market while maintaining quality is the right way forward for many of our publicly funded legal services. 

“We have listened to providers’ views and concerns and they are reflected in the proposals. We believe we are proposing a tender system that is practical, will deliver sustainable results and will work.

“In police station and magistrates’ court work it will enable an effective and efficient supplier base to maintain its important work for those accused of a crime. It offers greater value for taxpayers’ money, stability for the profession and long-term sustainability.“

ENDS

Media information

LSC Press Office - Tel: 020 7783 7220

Notes to editors
 
1. Copies of the consultation document and the draft regulatory impact assessment are available from the LSC website at: Criminal defence service > Crime consultations.

2. The consultation lasts 12 weeks, ending 19 June 2009.

3. The LSC will be running consultation events across the country to give providers the chance to discuss these proposals in full. Full details of the consultation events can be found on the LSC website.

4. A timetable has been proposed in order to realise the expected benefits from BVT as early as possible. Under the proposals, the pilot contracts will start in July 2010. In non-pilot areas, a new criminal contract will be brought in at the same time.  

5. A review of the pilots will take place in advance of any decision to extend BVT to other areas of England and Wales. 

6. The LSC initially consulted on the broad principles of Best Value Tendering in December 2007. A full response to this was published in July 2008 and can be found on the LSC website at the above address.