News In Focus
20 December 2006
Scottish Legal Aid Board annual report out today
Spending on legal aid fell for the first time in seven years, the Scottish Legal Aid Board’s annual report for 2005-06 has revealed.
But the Law Society of Scotland said it hoped that the savings made would not be at the cost of investment in the solicitors already providing these services.
Published today, the report shows that the number of legal assistance grants in 2005-06 fell 4% to 411,290 – the fifth year in a row grants have fallen –and that spending dropped to £147.9 million. There were also fewer applications and grants of summary criminal legal aid, the first fall in six years.
Total spending was down by £4.6 million, or 3%. Expenditure on criminal legal assistance fell by £5 million. Reasons for the fall include fewer very expensive cases than the year before and a reduction in the amount spent for solemn criminal cases. Another factor was the impact of reforms to the criminal justice system and legal aid system.
Key figures from the report show:
- criminal legal assistance grants fell by 2% to 272,740, with summary criminal grants falling by 1%, halting the rise of the last six years;
- there were 128,583 grants of civil legal assistance, a reduction of 8%;
- 9,967 grants were made for children's legal assistance and contempt of court, a rise of 4% from the previous year;
- over the last five years, the number of grants of legal assistance has fallen by 9%, with most of the reduction in civil legal assistance.
Fewer firms
Expenditure on legal aid was £104 million for criminal cases, and £39.5 million was spent on civil cases, marginally lower than the previous year (£39.9 million). The net cost to the taxpayer for civil legal aid (allowing for contributions, expenses recovered from opponents and amounts recovered from assisted persons) was £18.8 million, up 1%.
£4.3 million of expenditure was on legal assistance for children and contempt of court, an increase of 25% on the previous year (£3.5 million).
As at 31 March 2006, there were 625 firms registered to offer criminal legal assistant, 2% lower than the previous year, with 1,519 solicitors registered to provide criminal legal help, almost unchanged. At the same time, there were 736 firms registered to provide civil legal assistance, 2% down on the previous year.
Over the last five years (since 2001-2002) there has been a 16% increase in the amounts paid for legal aid cases – a rise of £22.3 million. Payments to advocates and solicitor advocates have increased by 50%, and payments to solicitors have increased by 12%. Outlays have increased by 21%.
In 2005-2006 the Public Defence Solicitors Offices handled 1,743 cases, an increase of 11% on 2004-2005. This included 89 solemn cases, 65% more than the previous year. It was recently announced that the service is to expand from three offices to nine.
In addition, over the last five years the number of more serious cases dealt with by the PDSOs has increased by 162% and the overall number of cases has gone up by 46%. PDSOs also represented 1,060 accused persons as duty solicitor, a decrease of 7% on 2004-2005. The cost of running PDSO was £818,000, a fall of 2% on the previous year.
Donald Findlay QC is once again the highest-earning Scottish criminal lawyer. Mr Findlay earned £300,000 from legal aid fees in the last financial year. In 2004-05, Paul McBride was the highest paid, but Mr Findlay overtook him again through his involvement with some of the country's highest-profile cases last year.
Labour MSP Gordon Jackson was the second highest earner. He has since stopped all legal aid work to concentrate on his parliamentary role.
Society's work continues
The Law Society of Scotland added a cautionary note about the savings made.
Oliver Adair, convener of the Society’s Legal Aid Solicitors Committee, said: “We hope that the savings made in the legal aid budget will not be at the cost of the long term investment in solicitors already providing these services.
In relation to the figures for amounts paid to particular firms, he commented: “It is extremely unhelpful to talk about legal aid and individual firms without explaining that solicitors pay for a number of members of staff to enable them to provide a much needed service, and overheads such as office rent, heating and lighting."
Solicitors were having to make difficult decisions about whether they were able to continue to provide legal aid services, Mr Adair added.
He said: “Solicitors provide a valuable service to people who are often in very stressful situations, whether seeking asylum in Scotland, facing criminal charges or going through an acrimonious divorce. Legal aid is essential for a vulnerable group of people who might not otherwise be able to have access to legal advice and representation.
“The Society will continue to press the Scottish Executive for fair remuneration for all solicitors providing legal advice and representation under the legal aid system and ensure that solicitors can continue to offer this work.”
Board's improvements
Iain Robertson, the chairman of the Scottish Legal Aid Board, said it was committed to working with the Scottish Executive and the legal profession to reform and modernise legal aid, and provide opportunities for more people to get access to legal aid.
The Legal Profession and Legal Aid (Scotland) Bill includes provisions to transfer the granting of solemn criminal legal aid from the courts to the board, and for the board to fund advisers other than lawyers.
Lindsay Montgomery, chief executive of the Board, said: "In some areas of the country, particularly rural areas, and for some types of case, there appear to be gaps in private sector provision. Allowing the board to employ experienced solicitors to provide a civil legal aid service is a significant step and will help ensure access to justice for those who need it.
"It is equally important that there is a continuing supply of private sector solicitors willing to provide civil legal assistance. We are pleased that ministers have agreed to implement changes proposed by the board to the civil legal aid block fees paid to solicitors. Ministers have also announced a review of the level of fes paid to solicitors providing civil legal assistance. Our project to simplify civil legal assistance and our online services will also make it easier for solicitor firms to provide civil legal aid services."
Improvements in the way the Board works are also highlighted in the report, such as an increase in the use of its legal aid online service which is being used by more and more solicitors, a new paperless computer system brought in to help speed up the civil legal aid process, and a new legal aid phoneline for the public to get information seven days a week.
The Board's annual report 2005-2006 and details of payments made to solicitor firms, advocates and solicitor advocates is available on its website at: www.slab.org.uk .