https://www.slab.org.uk/faqs/routine-reviews/
https://www.slab.org.uk/faqs/routine-reviews/
Frequency of reviews: The CHQAC decides which solicitors are to be reviewed at regular intervals. All registered solicitors who carry out children’s legal assistance work will be reviewed every six years.
Cost of review: We meets the cost of carrying out routine reviews.
The Review Process
The Children’s Quality Assurance Team (CQAT) will contact a firm’s Compliance Partner, providing a list of files selected for review and the names of the allocated reviewer(s). The firm will then send these to the reviewer within a set timescale.
Reviewer allocation: Our Children’s Quality Assurance Team (CQAT) will allocate reviewers from the panel to carry out the review. Reviewers will not be asked to review solicitors in their own area where possible.
Reviewers must also disclose any reason (such as conflict of interest or involvement in a case) why they should not carry out a review of any particular children’s solicitor or file held by a firm.
Suitability of reviewer: You can make representations by email to Tracy Brown, Children’s Quality Assurance Co-ordinator, at browntr@slab.org.uk if you have any concerns about the suitability of the reviewer selected. Please do this within one week of the date when the files are due to be delivered to the reviewer. If this is accepted, the files will be allocated to another reviewer.
Location of review: Routine reviews will normally be undertaken out with firms’ premises. A firm may ask for the review to be carried out “on-site”. The firm will have to pay the additional costs of this. Firms should contact Tracy Brown, Children’s Quality Assurance Co-Ordinator, by email at browntr@slab.org.uk if they require an on site visit.
Legal aid types reviewed: Files selected for review will, where possible, consist of all types of children’s legal assistance. These are advice and assistance , assistance by way of representation (ABWOR), automatic legal aid for duty scheme work, and legal aid for sheriff court proceedings and appeals to the Sheriff Appeal Court and/or Court of Session.
Selection of files for reviews: The CHQAC randomly selects files for each solicitor within that firm providing children’s legal aid. Up to 10 files can be selected.
Files will be identified and selected firstly by firm, then by practitioner and then by children’s legal assistance type.
In general only “dead” files, that is files for which accounts have already been submitted or paid, will be reviewed at this stage.
If any file selected for review is not available (for example, because it is needed for a court appearance or where the file may be needed for a taxation) and we accept that a valid reason is given for the non-availability we may select a substitute file or files in its place.
We will provide appropriate packaging to send the chosen files and we will arrange to uplift them via courier. We will return them via courier as soon as is practicable once the review has been completed.
How files are reviewed: The peer reviewers will review files in accordance with the peer review criteria and marking scheme approved by the CHQAC. If more than one reviewer is involved, each will work independently of the other.
A proportion of files (25%) will be “double marked”, that is marked by two reviewers independently. This is designed as a check on consistency and accuracy of marking between individual peer reviewers.
The standard to be applied in carrying out the reviews is that of the reasonable competence to be expected of a solicitor of ordinary skills. This is sometimes known as the Hunter v Hanley test, or the IPS (inadequate professional services) standard.
Outcome of the review: After the review, we will return the files to the firm as soon as practicable and put the results of the reviews before the CHQAC for discussion and approval.
Where the CHQAC decides a firm has passed the routine review, we will tell the Compliance Partner in writing and note the decision in the firm’s compliance records.
We will draw any issues arising from the review to your attention in writing, through the Compliance Partner. We will also give the firm the opportunity to respond and to identify what steps are needed to address matters.
We will bring these concerns to the attention of the reviewer(s) at the next routine review to ensure the firm has taken those steps.