The quality assurance scheme

The civil legal aid reforms implemented on 1 October 2003 consist of a new system of applications and reporting, a new fee structure and the creation of a quality assurance scheme (“the Scheme”).  

The Scheme was put on a statutory footing by the Solicitors (Scotland) (Civil Legal Aid and Advice and Assistance) Practice Rules 2003 (“the Practice Rules”) and the new fee structure is set out in the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003. Copies of the Practice Rules and a link to the fee regulations are available on the Law Society website (www.lawscot.org.uk).

The Scheme is based on registration with the Scottish Legal Aid Board (“the Board”) for all firms who wish to grant civil legal aid and advice and assistance (“civil legal assistance”) applications from 1 October 2003. Registered firms (referred to as “practice units” in the Practice Rules) operating civil legal assistance will be subject to not only the Board’s periodic administrative reviews but also periodic quality assurance peer reviews by the Society.  

A series of mailshots (1-9) have been issued to the profession by the Board to explain the workings of the new reforms such as the registration requirements. These are all available online at the Board’s website www.slab.org.uk and can be downloaded.

As set out in mailshot 1, registration with the Board is subject to a practice unit’s compliance with the 10 administrative procedures set out at Appendix A of that mailshot. Mailshot 9, dated 24 February 2004 sets out that to streamline further the transition to the new system, two changes regarding registration and peer review processes have been agreed – the administrative reviews and quality assurance peer reviews will commence on 1 July 2004 rather than 1 April 2004, and there should be a three-yearly rather than a two-yearly review cycle.  Although mailshot 1 indicated that practice units were to confirm their procedures were in place by the end of February, the Board set out in mailshot 9 that they will now have until the end of June 2004 to do so, although those who have submitted their procedures will be able to participate in a pilot peer review exercise prior to 1 July.

The Board have explained that one of the main reasons for moving the start of the peer review process related to the changes being made to children’s legal aid to bring it also within the scope of quality assurance peer review. The Society’s Council considered a draft of proposed amendments to the Practice Rules at its meeting on 27 February.  

The existing Practice Rules give certain powers to the Council in order to supervise the Scheme. These have been delegated to the Scheme’s Quality Assurance Committee (“the Committee”), which consists of three representatives from the Society, three members who have been recommended by the Board (two of whom must be solicitors) and three lay members. It will meet monthly to supervise and monitor the Scheme which will itself be reviewed by 2005.

The framework for the Scheme is set out in the Practice Rules, and the details are to be set out in a draft Memorandum of Understanding (“the Memorandum”) between the Society and the Board. This document will be considered by the Society’s Council. Full details for the Scheme will now be set out in a forthcoming edition of the Journal following approval by Council.

The Scheme will be administered by Susan Angus, the Society’s Quality Assurance Administrator. Should any practitioners have any queries, please contact Susan Angus on 0131 476 8147 or susanangus@lawscot.org.uk.