Health law fears

As a niche practitioner offering advice and representation on mental health law, I carry out almost all my work under contact with the Legal Services Commission (LSC).

Therefore, I was perturbed to read the latest LSC proposals for contracting of all civil representation, specifically so far as the proposals relate to judicial review cases.

The LSC proposes that without regard for which area of law is to be reviewed, only those firms which have taken at least six cases within the past three years, of which three must have gone to the permission stage, will be able to take on such cases.

For immigration cases, the requirements are ten and five respectively.

I, in common I suspect with many small or niche practices, could not meet this standard.

Mental Health Review Tribunal cases are appealed by means of judicial review.

The LSC's proposals would mean that I would be unable to take on such cases.

To the credit, of the Welsh tribunals, I have only rarely considered their decisions open to appeal, although some years ago I successfully reviewed a tribunal decision in a restricted case.

However, the possibility of appeal remains ongoing.

Following a mini survey I have conducted among firms still offering community legal service work in this part of north-west Wales, it would appear that no local firm could meet the criteria.

Thus, if the proposals were adopted, I would have to refer tribunal appeals on to firms outside north Wales and probably outside Wales altogether, possibly to firms having no particular expertise in mental health law.

I am at a loss as to how the proposals improve access to justice for clients such as mine who are already more disadvantaged than most.

Included in the proposals is a requirement that a written opinion would have to be obtained from a barrister with experience in public law applications (there are no details about how this would be funded), which would ensure that only merit-worthy cases were taken.

Despite this, it would appear that the LSC is of the view that solicitors carrying out community legal service work and thus fully accredited with its quality mark are nevertheless unqualified to make such applications.

This demonstrates remarkably little confidence in the LSC's own accreditation system.

There must be many specialist firms across the country providing a quality service to clients in this sphere of law and others and these proposals are likely to make an already difficult job even harder.

Julie Burton, Bangor, Gwynedd, north Wales