Over the last couple of years, the Legal Services Commission has churned out consultation upon consultation about unpopular legal aid reforms. But, despite a severe case of consultation fatigue, over 1,000 groups or individuals responded to its second paper on best value tendering (BVT), demonstrating the strength of feeling within the profession.
The LSC accepted that this amounted to a ‘significant’ response, though it was at pains to point out that the Carter consultation received over 2,000 responses. Thankfully, I haven’t received copies from all respondents, but several dozen have winged their way to my inbox. Not one voices support for proposals that would see firms bid each other down for contracts to do police station work.
The Tories have called for the scheme to be halted; the Liberal Democrats are against it; and Cherie Booth QC spoke out about her concerns at the Legal Aid Lawyer of the Year awards last night. Firms in one of the areas where the scheme will be piloted are considering mounting a legal challenge, and the Bar Council and the Law Society find themselves united on the issue.
It seems only the Ministry of Justice and its chums at the LSC are in favour of it. And one can see why, in a sense. Many solicitors have indicated that firms, in their desperation to win contracts, will put in bids offering to do the work for nothing.
Uncertain as to whether the LSC would find that firms could provide a quality service for nothing (as we know how keen they are on quality), I put in a call to see if these zero bids would be acceptable. The reply came back stating that firms should submit ‘realistic bids that reflect the cost of delivery in their area’. If the tender process is done by sealed bid, the LSC said it would pay firms the price they bid at, whatever that was. And if it is done by online auction, it would be up to the market to determine the price.
It is surely unsurprising that the government wants to press ahead with the scheme, if it can get for free a service that it has hitherto had to pay for.
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