Marking scale

Each file will be marked against 19 criteria.  Not all criteria will apply to every case. 

Criteria

Section A: The legal aid application

1.     Did the solicitor apply for or grant the appropriate form of legal assistance and give accurate and appropriate advice to the client regarding the client’s eligibility?

2.    Did the solicitor obtain verification of the applicant’s financial eligibility, where appropriate?

3.    Did the solicitor obtain and retain a complete, signed Legal Aid Online Declaration for the advice and assistance, ABWOR or legal aid application?

4.    Where appropriate, has the solicitor applied for sanction and/or increase(s) in authorised expenditure in accordance with the guidelines, and if granted, instructed and obtained the appropriate experts or counsel or work?

Section B: The advice given to the client

5.    If the client is a child under 12 years old, is there evidence on the file that the solicitor satisfied themselves that the child was capable of giving instructions?

6.    If the client is a child, were communications with the child at an appropriate level and in a form they would understand? This will include files, notes of meetings, letters etc.

7.    At the initial meeting and throughout the case, did the solicitor give accurate and appropriate legal advice to the client?

8.    Is there evidence of a note of action to be taken, agreed with the client?

9.    If appropriate given the timescales of work, did the solicitor issue a “Terms of Engagement” letter appropriate to the level of understanding of the client?

10.    How effective were the solicitor’s fact and information gathering skills, including the identification of any investigation or any additional information required and the taking of steps necessary to obtain it?  This could include obtaining relevant hearing/court documents.

11.    Did the solicitor take appropriate steps to inform the client as to the date, time and place of children’s hearings or court hearings or court hearings and provide advice and take instructions in good time, where possible?

12.    Did the solicitor keep the client informed on progress?

Section C: The children’s hearing or court proceedings

13.    Is there evidence of adequate preparation for each children’s hearing/court appearance, to include (as appropriate) evidence that hearing papers have been considered, preparation of the list of witnesses, productions and list of authorities as appropriate to the facts of the case?

14.    Where timescales allowed and were appropriate, did the solicitor attempt to make contact with SCRA to discuss case prior to each children’s hearing/court appearance?

15.    Where possible, did the solicitor attempt to take steps to take instructions from the client in a reasonable timescale prior to each children’s hearing/court appearance?

16.    Is there evidence that the solicitor took appropriate steps to assist the client to effectively participate at the children’s hearing?

17.    Did the solicitor take steps identified/agreed with the client, advise on the outcome and, if appropriate, an appeal?

Section D: Consideration of account

18.    Has the account been submitted to the Scottish Legal Aid Board in accordance with guidelines and, if asked for further information, has this been provided?

Section E: Equality and diversity

19.    Has the solicitor taken all reasonable steps to address any issues relating to age, disability, gender, race, religion or belief and sexual orientation which arose in the course of the case?

Marking

The reviewer will score each file either:

1 = below requirements

2 = meets requirements

3 = exceeds requirements

In addition to the three point scale, two other marks are available for particular criteria:

C     Cannot assess/not enough information

N/A    Not applicable

The Reviewer will then award an overall competency mark of the review of between 1 & 5:

1 = non-performance

2 = inadequate professional service

3 = competent

4 = competent plus

5 = excellent

A score of 3 or more is a pass.

The CHQAC members will consider the peer review reports and recommended marks and then either approve the mark or, where appropriate, change the mark.

When a mark is changed, an explanation of why this was done will be provided in the review outcome letter to the Compliance Partner.