The initiative aims to improve frequent bidding processes
The Legal Aid Agency (LAA) in the UK has announced a significant change in the duration of criminal legal aid contracts, The Law Society Gazette reported.
The LAA extended the term of the contracts to ten years to offer firms greater stability and flexibility. The initiative aims to alleviate the stress associated with frequent bidding processes and allow firms to make long-term operational decisions.
Under the current system, the standard crime contracts, set to expire on September 30, 2025, require firms to engage in a competitive tendering process every few years. Starting this autumn, however, legal firms will have the opportunity to secure a decade-long contract, significantly reducing the frequency of reapplying for legal aid permissions.
The LAA released a “headline intentions” document which outlines the changes and benefits of the extended contract period. This move is designed to provide legal aid providers with the certainty needed to plan and make long-term investments in their operations. Despite the extended term, the contracts will maintain a clause allowing for termination within six months, with firms required to give a three-month notice if they choose to withdraw.
Additionally, the new framework will enable new providers to apply for contracts at any point from the start date up until the final year. Current providers will also have the opportunity to expand their office networks and duty schemes throughout the duration of the contract.
Law Society president Nick Emmerson expressed support for the new 10-year contracts, highlighting the reduction in bureaucratic stress as firms will now face the tender process only once per decade. Emmerson said, "That stress will be reduced because a mistake in their application will simply mean they have to redo the application, rather than meaning they are locked out of the system for several years as is presently the case."
The flexibility offered by the new contracts is also expected to facilitate more beneficial changes during their term, as opposed to the rigidity of fixed-point tenders.
Another significant aspect of the new contracts is the requirement for duty solicitors to be accredited under the Society’s criminal litigators accreditation scheme or be a CILEX practitioner holding the necessary qualifications. However, the Law Society has voiced concerns regarding the proposed qualifications route for Chartered Institute of Legal Executives (CILEX) practitioners to achieve magistrates’ court duty solicitor status, fearing it might lower the standards due to insufficient experience and training requirements.
CILEX responded to these concerns by asserting that the proposed scheme ensures CILEX practitioners meet the requisite standards to provide competent legal aid services, arguing that the changes would help address the shortage of duty lawyers and expand access to legal aid.
