If the government and LSC want to assess the risks of best value tendering, they should consider the collapse of the National Express East Coast train franchise. That company obtained the franchise with the lowest bid and an offer to make the biggest payment to the government. The bid had to be made without knowledge of what passenger numbers would be. In the end, the recession massively reduced passenger figures and the rising costs of fuel made the franchise financially unviable.

The government now hopes another rail company will bid to take over the franchise. If it finds one, the price will be quite different.

The LSC ought to consider what will happen if a few large firms win the BVT contracts. They will also have to bid ‘blind’ in respect of the number of clients in custody and extra expenses occasioned by the relocation of police stations and courts.

If these large firms find that their newly obtained contracts are financially unviable, is the government going to step in and take over the service? All the other firms who did not get a contract will no longer be in the market.

The government has already recognised that this work, through the public defender service, is not economically viable and worth expanding. Does it not make more sense to allow the present contract holders, which are firms of various sizes, to continue providing legal aid services on the present basis rather than risk the total collapse of the service?

Graeme Hydari, Consultant, Needham Poulier & Partners; member, Law Society criminal law committee