I write in response to the comments made by Richard Charlton about the fixed fees that apply to legally aided mental health work (see [2009] Gazette, 5 March, 14-15).

The Legal Services Commission has closely monitored the impact of mental health fixed fees since they were introduced on 1 January 2008. Later this month, we intend to publish a report on the operation of civil fixed fees, including mental health, and will be holding a complementary six-week consultation on any changes to those fees from 2010.

I completely disagree that the escape clauses for ‘exceptional cases’ are ‘bureaucratic and difficult’. If the cost of an ‘exceptional case’ is three times, or more, the total fixed fees for the case, it will be paid at an hourly rate. Nearly 90% of the cases that are submitted to us as ‘exceptional’ are paid as such.

The LSC recognises the skill and dedication of its providers, especially in ensuring that mental health clients get the (often complex) help that they need. As part of the agreement reached with the Law Society, increases to the mental health fee scheme were made on 1 July 2008:A representative from the Mental Health Lawyers Association sits on the Civil Contracts Consultative Group. This group has been heavily involved in reviewing civil fixed fees. We look forward to continued constructive dialogue with this group.

  • Controlled work legal help fees and hourly rates increased by 2%;
  • Controlled legal representation fees and hourly rates increased by 5%; and
  • Remote travel payments increased by 2%.

Carolyn Regan, Chief executive, Legal Services Commission