Scottish Legal Aid Board Background to contracting Colin Lancaster Director of Policy and Development Anne Dickson Policy Projects Manager

Contracting background Scottish Legal Aid Board  Provisions added to LA(S)Act 86 in 1997  Recommended in Strategic Review in 2004  Broad approach considered by SLAB in 2008  Identified as potential means of addressing issues in mental health and immigration/asylum in 2010/11  Identified as potential savings measure in response to economic crisis in 2010  Included by SG in Sustainable Future paper in 2011  Current exercise focusing on criminal legal assistance

Contracting objectives Scottish Legal Aid Board  Deliver substantial savings of in excess of £3m by  Encourage firms to create efficient business models to deliver services and ensure that the market operates efficiently  Improve consistent and equitable access to justice  Allow for better planning of service delivery in relation to need  Provide clarity and precision around specific types of work, for example by ensuring that public sector service level requirements are met (including public sector equality duties).

Scottish Legal Aid Board Scottish Government’s Purpose To focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth Scottish Government’s Strategic Objectives Helping communities become safer and stronger places to live Enabling the increasing of wealth through efficient public services Improving the environment and its sustainability Scottish Government’s National Outcomes We lives our lives safe from crime and danger We have strong and resilient communities We have tackled inequalities in Scottish Society Our public services are high quality, responsive, and continually improving We reduce the impact of our consumption and production Justice Strategy for Scotland Priorities Widening access to justice and law reform Transforming civil and administrative justice Enhancing efficiency National Outcomes

Current challenges - economics Scottish Legal Aid Board

All LCJBs Scottish Legal Aid Board Sols fees ex VAT2007/082012/13 Absolute change on 07/08 to 12/13Change on 07/08 Argyll & Clyde 6,846,858 5,631,439- 1,215,419-18% Ayrshire 4,800,661 3,469,301- 1,331,360-28% Central 4,225,125 3,441, ,056-19% Dumfries & Galloway 1,186,289 1,165, ,309-2% Fife 3,681,790 3,251, ,062-12% Glasgow & Strathkelvin 21,764,314 16,458,780- 5,305,534-24% Grampian 5,654,496 4,681, ,036-17% Highlands & Islands 2,270,185 1,650, ,437-27% Lanarkshire 6,993,202 6,233, ,493-11% Lothian & Borders 10,573,766 8,687,481- 1,886,285-18% Tayside 6,602,307 4,602,114- 2,000,193-30% Total 74,640,867 59,273, ,367,058-21%

Local level data Scottish Legal Aid Board Local Data on levels of complaints and indictments and solicitor fees: reform/Local_Criminal_Justice_Board_Data_Final.doc Additional data on average fee, and change in firm income over time: profession/documents/Supplementary_LCJB_data.doc

Scottish Legal Aid Board “There is no doubt in my mind that the High Street has to start with a huge programme of rationalisation. One aspect of the recession has been the sadly predictable rise in the number of sole practitioners. Understandable, but if there was ever a time for firms to get together and enjoy economies of scale it is now. My home town of Paisley has about 90,000 people and well over 30 firms. That’s unsustainable. That's 30 cash rooms, receptions and sets of overheads. I am not saying that the same number of solicitors can't make a living-but in a much reduced number of practice units. Ayr is worse-30 firms in a town of about 40,000 people. Solicitors are going to realise they are collectively employing hundreds of people they can no longer properly afford.” 18 th March 2013

Options for contracting 1 Scottish Legal Aid Board

Options for contracting 2 Scottish Legal Aid Board

Issues to consider Quality Geographic scope Subject scope Choice Capacity and coverage – firm numbers/structures Procurement capacity Contract length Scottish Legal Aid Board