Advocates

Our service standards for 2008-2009

Our service standards for advocates tell you the level of service you can expect from us, including how long it will take us to do things.

We work hard to meet our service standards, but accept that there will be circumstances when we are unable to do so. If this happens with an application, we will tell you why we are unable to meet our standards and when you can expect us to carry out the work.

If you feel that we have failed to meet any of our timeliness standards for applications (i.e. we have not done something within the timescale we have set) and we have not written to you to explain why, please contact us on 0131 226 7061 for:

• civil legal aid applications, our Civil Applications Department on extension 672
  
  
• criminal legal aid applications, our Criminal Applications Department on extension 684
  
  
• advice and assistance grants, our Advice and Assistance Unit on 665

There may, however, be some information which we are unable to provide. The nature of the work we do means that we are often entrusted with sensitive information - for example, the financial circumstances of an applicant for legal aid or details about his or her case. Under section 34 of the Legal Aid (Scotland) Act 1986 we are not allowed to pass on details given to us under the Act, including in connection with an application (whether by the applicant or someone else) to anyone else unless one of the exceptions to this rule applies, such as that the person who gave us the information has given her/her permission to the disclosure. It is a criminal offence for a member of our staff to disclose information in breach of this section.

Applications

Advice and assistance

• When a solicitor asks the Board for sanction to employ counsel in a case where advice and assistance has been granted through a request for increase in authorised expenditure and a template is used, we will make a decision on that request within 5 days, or 2 days where it is made online.
  
  
• When a solicitor asks the Board for sanction to employ counsel in a case where advice and assistance has been granted through a request for increase in authorised expenditure and a template is not used, we will make a decision on that request within 7 days, or 4 days where it is made online.

Civil legal aid

• When a solicitor asks the Board for sanction to employ counsel in a civil case, we will make a decision on that request within 7 days, or 5 days where it is made online.

Children's legal aid

• When a solicitor asks the Board for sanction to employ counsel in a children's case, we will make a decision on that request within 5 days, or 4 days where it is made online..

Criminal legal aid

• When a solicitor asks the Board for sanction to employ counsel in a criminal case, we will make a decision on that request within 6 days, or 5 days where it is made online.

Accounts

Criminal legal aid and legal aid for children

• When Faculty Services submit to the Board your properly prepared fee note under the CR33 scheme in a criminal case, we will assess that account within 30 calendar days. *
  
  
• When, at the conclusion of the case, the solicitor submits the account, including your properly prepared fee note, we will assess your account within 30 calendar days of receiving it. If an offer can be made, we will make an offer for payment within 30 days. In the event that there is any difference between the payment made under the CR33 scheme and the offered amount the balance will be paid. Where no CR33 payment has been made counsel will be paid the amount offered.
  
  
• If we require further information before we can assess the account, we will write to you or the solicitor requesting the relevant information within 30 days of receiving the account.

Civil legal aid

• In civil cases, when the solicitor submits the account, including your properly prepared fee note, we will assess your account within 30 calendar days of receiving it.*
  
  
• If we require further information before we can assess the account, we will contact Faculty Services requesting the relevant information within 30 calendar days of receiving the account.
  
  
• Where counsel has not been paid under the payment to account scheme, and an offer can be made, we will pay the offered amount. Where payments have been made under the payment on accounts scheme no further payments will be made until final agreement has been reached whether through negotiation or taxation.

Advice and assistance

• In advice and assistance cases, when the solicitor submits the account, including your properly prepared fee note, we will assess your account within 30 calendar days of receiving it. *
  
  
• If we require further information before we can assess the account, we will contact Faculty Services requesting the relevant information within 30 calendar days of receiving the account.
  
• No payment is made at the offer stage. Payment will be made after agreement has been reached, whether through negotiation or taxation.

Taxation

• When an auditor's decision has been received we will, provided no note of objections has been taken, pay any outstanding amount due within 30 days of receiving the decision.

Communicating with you

• Accounts Assessment staff will be available for case review meetings with Advocates’ Clerks when Faculty Services has provided all the information needed to settle an account (following the agreed protocol).
  
  
• We will give you a full written reply to correspondence within 28 working days. If, exceptionally, we are unable to reply fully in 28 days, we will tell you the reason for this and when we will be able to do so.
  
  
• If you telephone us, we will answer your call promptly. If we are unable to respond immediately to your request for information, we will call you back no later than close of business the next working day or within 48 hours of receipt of the call if it is an accounts related matter.
  
  
• If you make a complaint about the service we have provided, we will investigate the complaint and reply within 28 days.

Notes

• All references to days mean calendar days, excluding public holidays.
  
  
• References to contacting you also include where we contact Faculty Services or your Advocates’ Clerk on your behalf.
  
  
• * The 30 day period begins on the day the account is received by the Board when this is before 12 noon. For accounts received after 12 noon, the 30 day period will begin from the next business day. It ends when either a payment is processed to BACS or a letter seeking further information is issued.