Scottish Legal Aid Board Online

News

Legal aid modernisation continues, as costs fall

Wednesday 20 December 2006

Modernisation and the continued development of legal aid is helping people receive the high quality legal help they need to deal with a wide range of problems, the Scottish Legal Aid Board said today on publication of its annual report for 2005-2006. It says that the last year saw significant progress with development work and further improvements in service performance for applicants.

The Board reports that in 2005-2006 the number of legal assistance grants fell 4% to 411,290. This is the fifth year in a row grants have fallen. Most of the fall was due to less civil and criminal advice and assistance being granted by solicitors. There were also fewer applications and grants of summary criminal legal aid, the first fall in six years.

Spending on legal aid in 2005-2006 fell for the first time in seven years to £147.9 million. This was £4.6 million, or 3%, less than the year before. Expenditure on criminal legal assistance fell by £5.0 million. Reasons for the fall include fewer very expensive cases than the year before and a reduction in the amount spent for solemn criminal cases. Another factor was the impact of reforms to the criminal justice system and legal aid system.

Iain A Robertson CBE, Chairman of the Scottish Legal Aid Board said:

"Legal aid is important. Without it, many people simply would not be able to get the legal help and advice they need. Last year people in Scotland benefited from more than 410,000 grants of assistance.”

“Reforms are modernising legal aid and although we have made progress, there is more to do. We are committed to working with the Scottish Executive, legal profession and others to continue developing legal aid and to help provide greater opportunities for people to get access to more efficient, effective and quality assured legal aid services.”

Modernisation of legal aid continued last year with Scottish Ministers introducing a Scottish Parliament Bill that proposed changes to the delivery of legal aid. The Scottish Parliament has now passed the Legal Profession and Legal Aid ( Scotland) Bill which includes provisions to transfer the granting of solemn criminal legal aid from the courts to the Board, and for advisers other than lawyers being able to be funded by the Board.

Iain Robertson commented:

“These are significant changes to legal aid and advice provision that will make real improvements to people getting the right help and advice for their problems.”

As well as changes in the Bill, Scottish Ministers have asked the Board to take forward other areas of work, including expanding the PDSO network to provide criminal legal assistance services and developing a network of Board employed solicitors to provide civil legal assistance where there are gaps in private sector provision.

Lindsay Montgomery, Chief Executive of the Scottish Legal Aid Board said:

“We welcome the decision by Scottish Ministers to enable the Board to employ solicitors to directly offer civil legal aid services. There are very many committed solicitors and firms who continue to provide a quality civil legal aid service in most parts of the country. However, in some areas of the country, particularly rural areas, and for some types of case, there appear to be gaps in private sector provision. We have shared the concerns expressed about these possible gaps in supply. Allowing the Board to employ experienced solicitors to provide a civil legal aid service is a significant step and will help ensure access to justice for those who need it.”

“However, it is equally important that there is a continuing supply of private sector solicitors willing to provide civil legal assistance. We are pleased that Ministers have agreed to implement changes proposed by the Board to the civil legal aid block fees paid to solicitors. Ministers have also announced a review of the level of fees paid to solicitors providing civil legal assistance. Our project to simplify civil legal assistance and our online services will also make it easier for solicitor firms to provide civil legal aid services.”

Improvements in how the Board works and new ideas and services to increase access to justice are highlighted in the Report:

the Board’s web based Legal Aid Online service is being used more and more by solicitors. Last year it launched Advice and Assistance Online with over 100 firms using the new service
a new paperless computer system was brought in that has helped speed up the civil legal aid process
working with partners in the advice sector, the Board developed five new innovative legal advice projects. Amongst those who will benefit from the five projects are people with mental health issues in Fife, people living in rural and island communities in the Highlands and Argyll and Bute, rough sleepers and young people in Edinburgh, and disabled people living in North and South Lanarkshire.
the Board launched a new Legal Aid Helpline on 0845 122 8686 that gives the public information on legal aid, seven days a week.

The legal profession are the Board’s valued partners in delivering legal aid services, and with other stakeholders, they are working together to improve how legal aid works. Further changes are still to occur in the wider justice system and the Board has a substantial contribution to make to those. Amongst these changes are the reform of civil advice and assistance and reforms in criminal legal assistance to reflect changes being made to the summary justice system.

Further key information from the Report is attached to this release. The Board's Annual Report 2005-2006 and details of payments made to solicitor firms, advocates and solicitor advocates is available on its website at www.slab.org.uk and from its Communications Department.

ENDS

JOURNALISTS PLEASE CONTACT: Colin Sim tel (direct) 0131 240 2033, or email simco@slab.org.uk

APPENDIX: KEY LEGAL AID FACTS AND FIGURES 2005-2006

(Note: the annual report figures are for the year from 1 April 2005 to 31 March 2006).

GRANTS OF LEGAL ASSISTANCE

411,290 grants of legal assistance were made in 2005-2006, a reduction of 4% than the year before. Most of the fall is due to less advice and assistance work.

criminal legal assistance grants fell by 2% to 272,740. Within this total, the number of summary criminal grants fell by 1%, halting the rise of the last six years.
there were 128,583 grants of civil legal assistance, a reduction of 8% - although within this total the number of civil legal aid grants was largely unchanged, halting the falls seen in the last few years.
9,967 grants were made for children’s legal assistance and contempt of court, a rise of 4% from the previous year.
over the last five years, the number of grants of legal assistance has fallen by 9%. Most of the fall has been in civil legal assistance. The number of criminal legal assistance grants is almost the same as five years ago.

COST TO THE TAXPAYER

Legal assistance cost the taxpayer £147.9 million in 2005-2006, a fall of 3%, or £4.6 million, on the previous year. Expenditure on legal aid was:

£104.0 million for criminal cases, a 5% decrease from the previous year (from £109.0 million). This was the first time for six years that criminal expenditure fell..
£39.5 million was spent on civil cases, marginally lower than the previous year (£39.9 million). The Board received contributions and expenses in civil legal aid cases of £10.8 million.
£4.3 million of expenditure was on legal assistance for children and contempt of court, an increase of 25% on the previous year (£3.5 million).

over the last five years total expenditure has increased by 16%. Most of the increase has been because of a 21% or £18.1 million rise in the costs of criminal legal assistance. Civil legal assistance expenditure has increased risen by £0.9 million, or 2%. Expenditure on children’s and contempt legal assistance has increased by £1.4 million.

LEGAL AID PRACTITIONERS

Firms of solicitors must be registered with the Board to undertake legal assistance work. In addition, individual solicitors who undertake criminal legal assistance must also be registered.

As at 31 March 2006, there were:

625 firms registered to offer criminal legal assistance, 2% lower than the previous year
1,519 solicitors registered to provide criminal legal assistance, almost unchanged from the previous year
736 firms registered to provide civil legal assistance, 2% fewer than the previous year. (Solicitors are not registered to undertake civil work, only their firm).

PAYMENTS MADE IN 2005-2006

Legal aid pays for fees charged by solicitors, advocates and solicitor advocates. It also pays for outlays – for example, travel expenses and the cost of getting reports from experts such as doctors and surveyors. Outlays may also include payments made to the legal profession, either to advocates under advice and assistance or to “ Edinburgh agents” who are solicitors acting on behalf of other solicitors in cases going through the Court of Session.

The 3% overall fall in total legal aid expenditure in 2005-2006 is reflected in reductions in payments made. Payments for:

solicitors fees fell by 4% to £122.7 million
advocates and solicitor advocates fees fell by 2% to £18.3 million
outlays were 5% lower at £16.8 million.
over the last five years (since 2001-2002) there has been a 16% increase in the amounts paid for legal aid cases – a rise of £22.3 million. Payments to advocates and solicitor advocates have increased by 50%, and payments to solicitors have increased by 12%. Outlays have increased by 21%.

(These figures are gross expenditure and include VAT. The Board’s website www.slab.org.uk includes the list for payments made to solicitor firms, advocates and solicitor advocates in 2005-2006. Previous years are also available online.)

BOARD SERVICE PERFORMANCE AND COSTS

the Board met or exceeded five of its six headline performance indicators, the key measures of its operational performance. The targets balance quality of decision making with speed of processing. Three of the six headline targets had been increased for 2005-2006.
the Board’s administration costs were £12.3 million in 2005-2006.

CIVIL LEGAL ASSISTANCE

CIVIL ADVICE AND ASSISTANCE AND ASSISTANCE BY WAY OF REPRESENTATION (ABWOR)

the number of civil advice and assistance and ABWOR grants continued to fall for the seventh successive year. In the last year the fall was 9%, to 117,601 grants, and takes the overall reduction over the last five years to 27%.
the fall was greatest in ABWOR, where the solicitor can represent people in certain types of tribunals and other hearings, with a 15% reduction to 3,316 grants. This was mainly because of fewer ABWOR immigration cases.
the cost of civil advice and assistance and ABWOR fell by 3% to £20.7 million.

CIVIL LEGAL AID

the number of applications for civil legal aid fell in 2005-2006, by 1% to 16,859. This is the smallest fall in application volumes over the past decade.
there were 10,982 grants of civil legal aid, which was almost unchanged compared to the previous year.
over the past 10 years applications and grants of civil legal aid have fallen by over 40%. However, in the last five years the rate of reduction has become less: applications have fallen by 16% and grants by 2%.

the net cost to the taxpayer for civil legal aid (allowing for contributions, expenses recovered from opponents and amounts recovered from assisted persons) was £18.8 million, an increase of 1% on the previous year.
civil legal aid may be free, or someone may have to pay towards the cost of the case. £10.8 million was collected in 2005-2006, which is 36% of the total gross amount spent on civil legal aid cases. This was 11% lower compared to the previous year mainly due to the impact of a number of very expensive civil legal aid cases.

IMMIGRATION

grants of advice and assistance and ABWOR for immigration fell by 3% to 8,065, the first reduction in four years. ABWOR grants, which cover the more extensive work often needed for immigration appeals, fell by 22% to 1,588 grants.
the cost of advice and assistance and ABWOR for immigration was £3.6 million. For the first time there was a fall in the costs of ABWOR cases, with a reduction of 8% compared to the previous year, to £1.5 million.

CRIMINAL LEGAL ASSISTANCE

CRIMINAL ADVICE AND ASSISTANCE AND ABWOR

the number of grants by solicitors of advice and assistance including ABWOR for criminal cases was 145,208, 5% fewer than the previous year
expenditure also fell by 9% to £11.8 million.

SUMMARY CRIMINAL LEGAL AID

there were 80,051 grants of summary criminal legal aid, a fall of 1% on the previous year, ending the trend for increases seen over the previous six years.
the cost of summary criminal legal aid also fell by 1% to £50.3 million. Because of the system of fixed payment for fees, the average cost of a case has been similar each year. Part of the fall in costs this year is therefore due to the reduction in the number of applications and cases being paid. In addition, legislative changes have contributed to the expenditure reduction.
although there has been a fall this year in the number of grants of summary criminal legal aid, over the last five years they have increased by 11%. Expenditure on summary criminal legal aid has increased by 20% over the past five years.

SOLEMN CRIMINAL LEGAL AID

the number of grants by the courts of solemn criminal legal aid (for the most serious crimes) increased by 8% to 11,811
the cost of solemn criminal legal aid fell by 8% to £36.1 million. Key factors in this expenditure change are a 9% reduction in the number of High Court cases that were paid, legislative and regulatory changes and the impact of a small number of very expensive cases.
over the last five years the number of grants by the courts for solemn criminal legal aid has increased by 19%. As solemn cases tend to be considerably more expensive than summary cases, this has significant expenditure implications. Expenditure on solemn criminal legal aid has increased by 26% over the past five years.

OTHER CRIMINAL CASES

there were 2,453 grants for appeals, a fall of 4% on the previous year. The cost of appeals was £3.9 million, 6% less than the year before.
duty solicitors made 32,210 appearances for people on criminal matters, which was 2% less than the year before. The cost of the duty solicitor scheme increased by 6% to £1.0 million.

PDSO, THE PUBLIC DEFENCE SOLICITORS OFFICE

there are PDSOs based in Edinburgh, Glasgow and Inverness. Scottish Ministers have announced further offices will open in 2007 in Dundee, Aberdeen, Falkirk, Ayr, Dumfries and Kirkwall.
each office comprises a team of experienced solicitors providing criminal legal advice, assistance and representation to anyone entitled to legal aid and charged with a criminal offence. PDSO solicitors are paid an annual salary rather than being paid on a case by case basis in the way that private solicitors are. PDSO solicitors are governed by the same rules as private solicitors.
in 2005-2006 the PDSO offices handled 1,743 cases, an increase of 11% on 2004-2005. This included 89 solemn cases, which was 65% more than the previous year.
over the last five years the number of more serious cases dealt with by PDSO has increased by 162% and the overall number of cases has gone up by 46%.
PDSO also represented 1,060 accused persons as duty solicitor, a decrease of 7% on 2004-2005.
although handling more cases, the cost of running PDSO was £818,000, a fall of 2% on the previous year.

VALUE FOR MONEY

Taxpayers want to know that every pound of public money invested in legal aid is spent properly and gives value for money. The Board takes very seriously the need to minimise fraud and abuse of legal aid. It has again increased the resources engaged in checking, monitoring and investigations work.

During 2005-2006, as a result of its compliance and investigation work it:

made savings and recoveries of £1 million as a result of solicitor and applicant investigation work
reported 14 applicants to the Procurator Fiscal for suspected legal aid fraud, compared to two cases the previous year
terminated legal aid in 100 cases because of concerns about the financial eligibility of the legally assisted person and refused 90 applications because of concerns over applicants’ financial declarations
made complaints about two solicitors to the Law Society of Scotland
de-registered one solicitor and one firm from the criminal legal assistance register.

BACKGROUND ABOUT LEGAL AID

Legal aid is help towards the costs of legal advice and representation, for those who qualify, paid for out of public funds. It is designed to help individuals on low and modest incomes gain access to the legal system. Legal aid may be free, or someone may have to pay towards the cost of their case, for example from the money or property that they win or keep as a result of their legal action. Legal aid is accessed through a solicitor.

There are two main types of legal aid help: advice and assistance and legal aid.

Advice and assistance covers a wide range of matters, so long as they are matters of Scots law. It pays for advice from a solicitor, but apart from a few exceptions under assistance by way of representation (ABWOR), it will not cover “representation” – that is, putting the case in court.
Legal aid provides funding for the solicitor to put the case in court and some tribunals. It covers the preparation work, as well as the hearing itself, and can provide funding for advocates, experts and other costs. (Cases often begin with advice and assistance, and legal aid may be the next step if necessary.)

The main types of case that advice and assistance and legal aid can help with are:

Civil cases –such as divorce and other matters affecting family and children and actions for compensation after an accident or medical negligence.
Criminal cases – help and advice for someone who has been charged with a criminal offence or needing advice about a criminal matter.
Children’s cases - under the Children ( Scotland) Act 1995. This helps to make sure children are protected and supervised. Legal aid also helps fund appeals against decisions of children’s hearings.

Ministers in the Scottish Executive decide legal aid policy. Ministers propose the laws to set the rules and criteria for the use of legal aid, together with the fees to be paid to the legal profession. The Scottish Parliament makes and changes legislation – including the tests for granting legal aid. These tests are then applied to every single case.

In advice and assistance, solicitors apply the tests, for civil and criminal legal aid the Board applies them, except in some criminal and children’s cases, where the courts decide.

If it’s granted, legal aid is used to pay solicitors, advocates and other costs of the case. The solicitor could be in private practice, a public defender or in a law centre.

The budget for legal aid is different from other public services: it is not a set amount. If someone is granted legal aid, the Scottish Executive will provide the funds to meet the cost of their case. This means we never have to refuse someone legal aid simply because there is no money left to pay for their case.

ENDS

JOURNALISTS PLEASE CONTACT:Colin Sim tel (direct) 0131 240 2033, or email simco@slab.org.uk

NOTES FOR EDITORS

1. The Board’s Annual Report and information on payments made to all firms of solicitors, advocates and solicitor advocates is available on the Board's website, www.slab.org.uk

2. 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. 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.

3. For more information, visit the Board's website www.slab.org.uk