Legal aid developments highlighted as annual report published
The legal aid system
is delivering a better service due to a wide range of improvements, important
developments and higher performance in the past year, says the Scottish Legal
Aid Board, on publication of its annual report for 2002/2003. The report shows
that there are many more developments to come, with the aim of helping people
access justice.
Jean Couper, Chairman
of the Scottish Legal Aid Board said:
" Legal aid is an important public service for many people who do not have
the financial resources to assert their legal rights. Each year the Board aims
to become a higher performance, more client focused and outward looking organisation.
In this past year we made considerable progress on all three counts."
"We met or
exceeded all key measures of our operational performance. This is against a
background of having raised our performance targets from the previous year and
against an increased volume of work."
"We provided
advice to Scottish Ministers on a wide range of policy and legislative issues.
The report highlights the implementation of many legislative and operational
changes geared to improve the service to clients - whether they be applicants,
opponents or those who deliver the service, namely solicitors and advocates."
"We were pleased
in the past year to see applicants benefit from a number of developments including:
* increased financial eligibility levels for civil legal aid and advice and
assistance;
* improved arrangements for special urgency cases and
* the restriction of civil legal aid contributions to the solicitor's estimated
case costs."
"These and
other developments enable more of those eligible for legal aid to access a legal
remedy to their problems."
The report also
highlights a number of major developments, such as the significant progress
in making the legal aid system available through e-business, and substantial
changes to civil legal aid. Jean Couper explained:
" We were delighted in February that Scottish Ministers' announced the
most significant reform of civil legal aid for over 50 years. These reforms
will benefit applicants through the delivery of a quality assured service; benefit
the solicitor through an increase in fees and more efficient administration
whilst measures to make the system more efficient and cost effective will benefit
the taxpayer. These reforms are the result of partnership working between the
Law Society of Scotland, the Scottish Executive and Board. We continue to work
closely to implement these reforms by 1 October 2003. "
Progress through
partnership is a theme that runs throughout the report. Jean Couper added:
" The progress achieved comes through working in partnership with others
- the Scottish Executive, the legal profession and others with an interest in
legal aid."
"Legal aid
is a key component in the operation of the justice system. We are committed
to supporting the work of others to improve the operation of the justice system
and to ensure that legal aid plays its proper part."
The report also
sets out the Board's key objectives and main projects for the next three years.
The further developments outlined anticipate significant changes in access to
justice and the operation of legal aid. Jean Couper commented:
" Legal aid provision in Scotland is much better than in many other places,
both in terms of the range of legal issues covered by the scheme and the ability
of those in need to access it. That said, we believe there is scope for legal
aid to be further modernised and developed both in its operation and its interaction
within the justice system."
Key changes in
trends and statistics for 2002-2003 are detailed in the report. Jean Couper
said:
" During the year we have seen an increase in expenditure due mainly to
higher volumes of criminal legal aid work, with increases in both summary and
solemn criminal proceedings."
"The costs
of criminal legal aid rose by 9% to £80.4 million. However this is still
£1.7 million less than the cost in 1997-1998, when there were 14,649 fewer
grants of criminal legal aid. That was the year before the introduction of fixed
payments in summary criminal legal aid. The substantial increases in criminal
legal aid expenditure over the past two years is due to a very large increase
in the volumes of applications and grants."
"The long-term
downward trend in the volume of civil legal aid applications continued, but
we were pleased to see a slowdown in the rate of decrease."
The statistics
detailed for 2002-2003 includes:
* the cost to the taxpayer of legal aid (net legal aid fund expenditure) increased
by six percent to £135.1 million, due to increases in criminal legal aid
and advice and assistance
* although the number of advice and assistance intimations fell by 4% to 317,042,
reversing the upward trend seen in recent years, applications for increases
in authorised expenditure rose by 8% and the total costs increased by 11% to
£33.5 million
* civil legal aid applications fell by 4% to 19,151. The gross costs of civil
legal aid fell by 5% to £27.1 million, whilst the net cost decreased to
£17.4 million.
* the number of applications for summary criminal legal aid rose by 4% to 79,927,
the highest ever level. Grants by the courts for solemn proceedings increased
by 11% to 12,148.
The report provides
a detailed commentary on legal trends and statistics. The report also details
the wide range of policy, performance and operational initiatives undertaken
by the Board during the year.
ENDS
Journalists please
contact: Colin Sim direct tel 0131 240 2033 or Charlotte Townsend tel 0131 226
7061.
NOTES FOR EDITORS
1. Legal aid allows
people who would not otherwise be able to afford it to get help for their legal
problems. Legal aid and advice and assistance can only be accessed through a
solicitor.
2. The Scottish
Legal Aid Board was set up in 1987 to manage legal aid in Scotland. The Board
employs around 330 full-time staff. Twelve Board members, appointed by Scottish
Ministers, oversee the work.
The Board's mission
is to promote the development and delivery of appropriate access to quality
legal assistance for those eligible, in a cost-effective manner.
The work of the
Board includes:
* advising Scottish Ministers on the current operation and development of legal
aid provision
* managing the Legal Aid Fund
* investigating different ways of delivering a legal aid service, for example,
by running pilot schemes
* developing operational plans and policies and procedures, including e-business,
to improve the delivery and administration of legal aid
* assessing applications for legal aid
* examining solicitors' and advocates' accounts for legal aid work, and paying
them for the work they have done
* collecting, for civil legal aid, contributions, expenses, and money won or
kept as a result of civil legal aid or advice and assistance
* registering firms and solicitors under the Board's Code of Practice in relation
to criminal legal assistance and monitor their ongoing compliance
* investigating and pursuing abuse of legal aid.
3. The Board has
two linked websites: www.slab.org.uk and for the profession, www.slabpro.org.uk
APPENDIX - KEY POINTS FROM THE ANNUAL REPORT
The Board aims
to improve the quality of its service to customers and to see positive developments
in the provision of legal aid. Achievements reported by the Board in 2002-2003,
as detailed in the report, include:
* performance against
the targets agreed with Scottish Ministers has improved significantly, with
all headline performance indicators for each legal aid type being met or exceeded
and in most cases, substantially so
* delivery and implementation of a wide range of improvements and important
developments in legal aid and an increased role in providing advice to the Scottish
Executive and Scottish Ministers on policy and legislative issues
* substantial progress on a number of important projects through partnership
working, such as:
* developing our e-business systems to the stage where a pilot of the advice
and assistance system will shortly commence
* working closely with the Scottish Executive to establish and support several
community legal; service pilot partnerships and operating Part V projects throughout
the year
* publishing research work and providing input to a number of justice system
reviews
* conducting surveys of applicants, opponents, as well as the legal profession
to seek views on the legal aid system and the Board's service
* continuing consultation with others to help us determine the Board's priorities
for the coming years. This included holding public meetings and local surgery
sessions, and meeting with a wide range of individuals and organisations with
a professional involvement in legal aid including Judges, sheriffs, solicitors
and advocates.
The annual report
details key trends in legal aid during 2002-2003:
* overall civil advice and assistance and ABWOR fell this year. Civil advice
and assistance intimations fell by 6% to 146,639 whilst civil ABWOR intimations
rose by 6% to 4,272.
* criminal advice and assistance and ABWOR fell by 3% to 159,363
* the number of grants of civil legal aid increased to 13,480
* the proportion of grants where the applicant has to pay a contribution increased
to 23%, from 20% four years ago, which is likely to stem from the introduction
of longer payment periods for contributions to 20 months.
* the amount recovered and paid to the Fund, allowing for contributions, other
amounts recovered from assisted persons and expenses recovered from opponents
was £9.7 million, an increase of 11% compared to the previous year.
The report also
details that:
* overall the volume of activity in legal aid work increased compared to the
previous year
* total gross payments from the Legal Aid Fund were £144.8 million compared
to £135.9 million in the previous year, and increase of 7%
* the cost of administration of the Board was £10.5 million, a planned
increase of £1.0 million on the previous year. Much of the increase was
to fund capital expenditure and "spend to save" initiatives.
* types of payment made in 2002-2003 were (proportion of total expenditure in
brackets): solicitors £115.9 million (80%); outlays £15.0 m (10%);
advocates £11.9m (8%); solicitor advocates £1.6m (1%)%. The proportions
are similar to the previous year.
NUMBERS OF APPLICATIONS AND GRANTS (INCLUDING APPEALS)
Figures shown in brackets are for 2001-2002
Advice and assistance
* civil intimations 146,639 (156,358)
* criminal intimations 137,732 (142,400)
* Children (Scotland) Act 1995 matters 6,768 (6,611)
* Assistance By Way Of Representation (ABWOR) intimations 25,903 (26,521)
* total intimations 317,042 (331,890)
Civil legal aid
* applications 19,151 (19,994)
* grants 13,480 (11,167)
* without contribution 10,382(77%) (8,929(80%))
Criminal legal
aid
Summary - granted by the Board
* applications 79,927 (76,527)
* grants 73,767 (70,832)
Granted by the
courts 12,148 (10,983)
* solemn 10,978 (9,966)
* section 23 (1) (b) 1,170 (1,017)
