By working together, the Legal Services Commission and legal aid providers can continue to deliver services people need, says Carolyn Regan


Last month, the Legal Services Commission (LSC) outlined some important steps in the legal aid reforms, including the much-awaited initial proposals for best value tendering (BVT) for criminal defence services.



I say 'initial proposals' because the consultation is intended to be the first of two. We are calling for providers' input early to give them maximum opportunity to contribute to how the BVT proposals develop.



The reforms aim to deliver quality, access and value for money, ensuring the future sustainability of services for the people who need them. Many who oppose change will say that the reforms threaten this, but the greatest threat is to do nothing.



Transforming legal aid is vital. We must move away from paying for hours worked instead of services delivered, and the resulting unsustainable cost increases and inefficiencies, if we are to continue increasing the number of people helped within the limited budget.



Moving to a competitive market for most legal aid work is the best way to deliver quality services at the best possible price. It also gives providers an agreed price, which they have offered and which they know is profitable. Fixed fees are a transitional stage to enable providers and the LSC to prepare for the competitive market we propose.



It had been our aim to follow the introduction of fixed and graduated fees with a period of stability before implementing BVT. This was to allow firms and not-for-profit agencies time to adapt to the fees - which many have begun to do.



However, last month we informed providers that it is our current intention to terminate the unified contract earlier than planned given the risk of further litigation and other continuing uncertainties following the Court of Appeal judgment. As is well known, the judgment did not concern the substance of the legal aid reforms, but the scope of an amendment clause within the contract and its consistency with EU procurement rules.



We have sought to discuss an alternative, and narrower, amendment provision for the contract that is consistent with the judgment and takes account of the consequences for all civil legal aid providers - both solicitors' firms and not-for-profit agencies. However, given the current position, it was necessary to indicate our intention to terminate contracts. We will provide further information to providers during January.



Last month, we also published details of how we will ensure that quality continues to have the highest priority. Legal aid quality assurances are among the highest in the legal sector and, under our BVT proposals, providers will have to obtain at least a peer review rating of three and ensure client access to services before they would be eligible to bid on price. The minimum peer review rating may also be raised in future.



The reforms build on changes made in recent years, when fixed fees were introduced for some civil and crime work and the Community Legal Service strategy had started to shape services more effectively around clients' needs. These changes produced significant results: the number of acts of early civil legal advice has risen by more than a third in two years, to nearly 800,000 in 2006/07.



Engaging with those who have an interest in legal aid is vital and we now have quarterly and annual meetings with groups who represent providers and partners in the justice system. We will introduce regional provider reference groups soon. We are also working on initiatives to help improve efficiency across the justice system as a whole.



Our aim is to work constructively with providers to implement reforms that are necessary to ensure legal aid continues to deliver services that people need at very difficult times in their lives.



Carolyn Regan is chief executive of the Legal Services Commission