PHASE 2 – Implementation due around the summer of 2009
- improving the way we assess financial eligibility
- better arrangements for dealing with special urgency cases
- Supplier support pilot study
Improving the way we assess financial eligibility
The current arrangements for assessing financial eligibility have remained largely unchanged for many years. Applicants receiving income support, an income-related employment and support allowance or income-based jobseeker's allowance are financially passported – that is, they qualify financially for civil legal aid with no contribution. Others must complete a lengthy form telling us about all income and expenditure and provide, where appropriate, verification. The process itself is not complex, but we have to examine the information provided carefully to assess the applicant’s net disposable income and decide if they qualify for legal aid. Some applicants have a problem filling in the form and providing the necessary verification, which can delay the financial assessment.
A review of how we do the financial assessment is currently at an advanced stage. We’ve consulted with a number of other jurisdictions to find out how they do financial assessments and have obtained information from England and Wales, Eire, Northern Ireland, New Zealand and a number of Australian states. We’re also reviewing our data to better understand our internal processing. Getting verification of the financial statement can lead to continuations for further information, which can cause delays in finalising assessments. We’re reviewing our data, forms and internal processes and have compared these with other jurisdictions.
We are considering what methods currently being applied in other jurisdictions might be of use in a Scottish system. Also, by exploring issues with our current processes we believe we have identified areas for improvement, particularly in the content and structure of the financial forms and the supporting documentation. Our aim is to simplify the process for the applicant while at the same time retaining fairness of approach for the applicant and protection for the public purse against possible fraud, both of which we believe are inherent in the current arrangements.
Special urgency proposals
Special urgency arrangements have been with us since 1988 and apart from some minor changes have had no significant review. We’re looking at how our current arrangements are being used to identify areas for improvement. We are carrying out research work and analysing the available data.
Supplier support pilot study
We want to give solicitors more support and a pilot with three firms has shown the value of providing such a service. We gave them information about their use of forms and facilities across applications, accounts and treasury. The aim is to identify strengths and weaknesses, encourage best practice and provide support and training where required. The top 17 firms doing the highest volume of civil legal aid applications account for around 25% of the total volume. By promoting best practice we can help firms to become more efficient and so more profitable, and it also means we can deal with all aspects of applications and accounts more smoothly. We are currently develping proposals for a supplier support scheme.
|
