Our service standards for 2008-2009

Our service standards for solicitors 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.

If you feel that we have failed to meet any of our other standards or not given the level of service you are entitled to expect, you can read information about our complaints procedure, either on our website or by contacting our Communications Department on tel 0131 240 1985.

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 his/her permission to the disclosure. It is a criminal offence for a member of our staff to disclose information in breach of this section.

We will deal with your client's application in a timely, accurate and fair manner.

We have begun introducing new Online services to allow applications and accounts to be processed electronically. Online services will have different service standards, with faster timescales.

Applications

Advice and assistance applications

• We will register your intimation of a grant of advice and assistance within 7 days of receiving it, or 3 days where it is made online.
  
  

• If you apply for an increase in authorised expenditure using a template, we will notify you of our decision within 5 days, or 2 days where it is made online.

• If you apply for an increase in authorised expenditure that does not use a template, we will notify you of our decision within 7 days, or 4 days where it is made online.
  
  

• If you ask us to reconsider a decision we will do so and notify you of the result within 7 days, or 5 days where it is made online.

Applications for civil legal aid

• We will consider your client’s application for civil legal aid and tell you and your client our decision within 32 days of receiving the application, or 30 days where it is made online. If we refuse the application, we will tell you and your client our reasons for that decision.

• If we refuse your client’s application for legal aid and you ask us to review that decision, we will do so and tell you the decision within 29 days, or 25 days where it is made online.
  
  

• If you apply for sanction to employ counsel or expert witnesses or carry out work incurring unusually high expenditure or of an unusual nature, we will tell you the decision within 7 days, or 5 days where it is made online. If we refuse your application we will tell you our reasons for that decision.

• If you ask us to reassess your client’s financial circumstances at any stage of a case, we will do so and notify you of the decision within 28 days, or 20 days where it is made online.
  
  
• If you submit an application to extend the scope of the case, with 14 day intimation period, we will tell you our decision within 25 days, or 20 days where it is made online.
  
  
• If you submit an application to extend the scope of the case, with 28 day intimation period, we will tell you our decision within 32 days, or 28 days where it is made online.
  
  
• If you submit an application under the “special urgency provisions” and we receive it Monday- Thursday, we will tell you our decision within 2 days, for paper and online applications.

• If you submit an application under the “special urgency provisions” and we receive it Friday - Sunday, we will tell you our decision within 4 days, or 2 days where it is made online.

• If an assisted person submits a request to change solicitor to allow you to act for him/her, we will tell you our decision within 10 days, or 7 days where it is made online.
  
  
• We will reply to correspondence about the case, where it is indicated that a response is to be made,within 14 days. We will provide a full repsponse or information on when your correspondence can be dealt with and what factors have prevented us from dealing with it within the 14 days.
  
  
• If you submit a stage report about progress in the case, we will assess whether it is appropriate for legal aid to continue and tell you our decision within 16 days, or 12 days where it is made online.

Applications for criminal legal aid

• We will consider your client’s summary case application and tell you and your client our decision within 10 days of receipt, or 5 days where it is made online. If the application is refused, we will tell you and your client our reasons for that decision.

• If your client’s application is refused and you ask us to review that decision, we will review the decision and tell you our decision within 9 days, or 5 days where it is made online. If we still decide to refuse the application we will tell you and your client our reasons for that decision.

• If you apply for sanction to employ counsel or expert witnesses or carry out work incurring unusually high expenditure or of an unusual nature, we will tell you the decision within 6 days, or 5 days where it is made online. If we refuse your application we will tell you and your client our reasons for that decision.

• If you ask us to reconsider a decision about requests to incur unusual costs, we will do so and tell you the result within 9 days, or 5 days where it is made online.

• If you apply for legal aid for an appeal in court, we will tell you and your client our decision within 7 days, or 5 days where it is made online. If we refuse your application we will tell you and your client our reasons for that decision.

• If your client applies to us for a change of solicitor we will tell you our decision within 6 days, or 5 days where it is made online.

• If you submit an application under the special urgency rules, we will tell you our decision within 3 days, or 2 days where it is made online.

• If you submit an application under the exceptional cases rules, we will tell him/her our decision within 5 days, or 5 days where it is made online.

Applications for children's legal aid

• If you apply for sanction to employ counsel or expert witnesses or carry out work incurring unusually high expenditure or of an unusual nature, we will tell you the decision within 5 days, or 4 days where it is made online. If we refuse your application we will tell you and your client our reasons for that decision.
  
  

• If you ask us to reconsider a decision about requests to incur unusual costs, we will do so and tell you the result within 9 days, or 5 days where it is made online.

• If you apply for legal aid for an appeal in court, we will tell you and your client our decision within 6 days, or 4 days where it is made online. If we refuse your application we will tell you and your client our reasons for that decision.

• If your client applies to us for a change of solicitor we will tell you our decision within 5 days, or 4 days where it is made online.

• If you submit an application under the special urgency rules, we will tell you our decision within 3 days, for paper and online applications.
  

Accounts

We will deal with your accounts in a timely, accurate and fair manner.

Advice and assistance accounts

• We will assess your properly prepared and vouched advice and assistance account within 30 calendar days* of receipt, or 15 days where it is made online. No payments on offer can be made. Payment will be made after agreement has been reached, whether through negotiation or taxation.

Civil accounts

• We will assess your properly prepared and vouched civil account within 30 calendar* days of receipt, or 20 days where it is made online.
  
  
• We will assess your properly prepared and vouched civil Judicial Expenses account within 17 calendar* days of receipt.
  
  
• If we have not already reimbursed outlays or made payments to account of fees, and an offer can be made, we will make an offer for payment within 30 days. The offered amount will be paid. 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.

Criminal accounts

• We will assess your properly prepared and vouched criminal fixed fee account within 30 calendar days* of receiving it, or 15 days where it is made online. If an offer can be made, we will make an offer for payment within 30 days.
  
  
• We will assess your properly prepared and vouched criminal account - detailed accounts - within 30 calendar days* of receiving it, or 20 days where it is made online. If an offer can be made, we will make an offer for payment within 30 days.

Children's accounts

• We will assess your properly prepared and vouched civil account within 30 calendar* days of receipt, or 20 days where it is made online.

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

• We will acknowledge your letters within 7 days of receiving them (except those relating to abatements on accounts) and give you a full written reply within 28 days. If, in exceptional circumstances, 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.
  
  
• If you make an appointment and come to our office in person, we will see you promptly. If we are unable to give a full response to any query during the course of the meeting, we will arrange a date for a further meeting or for someone to write to you within 28 days of your visit or for someone to telephone you within 7 days.
  
  
• If you do not have an appointment and come to our office in person, we will take details of your query within 15 minutes of your arrival and arrange a date for a further meeting or for someone to write to you within 28 days of your visit or for someone to telephone you within 7 days.
  
  
• Where the matter is very urgent and you tell us, we will make sure we respond as soon as we can and that we use the most appropriate method of communication (e.g. telephone, fax etc.).
  
  
• Whether you write, telephone or visit our offices, you will always be treated with courtesy and respect. We will tell you our names so that you know who you have been dealing with.
  
  
• When we can supply the information you ask for, we will do so. If we cannot - perhaps because of someone's right to confidentiality - we will explain this to you.
  
  
• You and your client's rights to confidentiality will be respected.

Notes

All references to days mean calendar days, excluding public holidays.

• Applications - all time periods begin on the date we receive the properly completed application and end on the date we tell you our decision (by letter, fax, telephone or other appropriate means). If we need further information from you or your client to allow us to make an informed decision, then the period during which we are waiting for a response or information from you will not count against the target period.
  
• *Accounts - the 30 days 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.
  
  
  • Civil accounts are actioned by way of an offer letter, a letter relating to abatements or a request for further information. Where no previous payments have been made, through reimbursement of outlays or payment to account of fees, and an offer for payment can be made, this will be done within 30 days. The offered amount will be paid. 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.
    
    
  • In criminal cases, properly prepared and vouched accounts will be paid within 30 d ays. If further information is required, a letter will be sent to the solicitor within 30 days. If an offer can be made, we will make an offer for payment within 30 days. The offered amount will be paid.
    
    
  • Advice and assistance accounts are actioned by way of payment or issuing a letter about abatements or requesting further information. No payments on offer can be made. Payment will be made after agreement has been reached, whether through negotiation or taxation.