What’s the best strap line that could be used for the government’s role in legal aid? In the immortal words of Vic and Bob (Bob being a former trainee/lawyer in a legal aid firm): ‘You wouldn’t let it lie.’ The government keeps on making changes – some Treasury-led and some ideology-led. The Legal Aid Agency (LAA) constantly refines its contracting process and other processes that impact on the system. So here’s a summary of where we are.

There were 441 applications for exceptional case funding (ECF) received in the latest quarter. As at 28 February 2017, 413 of those had been determined, 58 per cent of which were granted. The significance of this is that when the ECF scheme was brought in, it was indicated that about 6,000 cases a year would be within it. In fact, even after litigation to extend how the scheme is run, the number of cases – the safety net – is far lower than anticipated.

Crime contracts started on 1 April. Firms bid for crime contracts and then two consultations were held: Reforming the Advocates’ Graduated Fee Scheme (5 January to 2 March 2017) and Litigators’ Graduated Fees Scheme and court appointees (10 February to 24 March 2017). So having bid, firms were then faced with reductions to the fee schemes. The civil contracts tender, meanwhile, will now open in May rather than April as originally announced. Those contracts will start on 1 April 2018.

Representative bodies, including LAPG, are working with the LAA to try to simplify processes. The LAA has demonstrated it is keen to work with legal aid providers to ensure its processes run as smoothly as they can and identify any areas of mutual benefit. A group named the Provider Efficiency Team (PET) was established in October, bringing together civil representative groups and LAA staff to work through problems and issues. The aim is to identify streamlined solutions that continue to offer the level of assurance needed in the LAA carrying out its duties. The initial focus of the group has been on family cases and it is currently looking at the number of interactions between providers and the LAA during the lifetime of a case and the requirements around evidence of means.

A review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was announced on 17 January 2017 and a team at the MoJ has been working on it. It will be put on hold in light of the general election but we must hope it will be reinstated by the next government (see page 3 of this issue).

Lord Bach’s report on access to justice, including recommendations, should be out before the party conference season this year. An interim report, The crisis in the justice system in England and Wales, was published on 25 November 2016.