R J Rixon's letter raises the issue of the Legal Service Commission's (LSC) right to request legal aid files, and the issue of confidentiality, particularly in the peer review process (see [2003] Gazette, 18 September, 15).
The LSC has rights, under regulations 3 and 4 of the Legal Services Commission (Disclosure of Information) Regulations 2000 (as amended) to inspect legal aid files.
On confidentiality of information accessed by the LSC, all staff are bound by the non-disclosure restrictions in the Legal Aid Act 1988 and Access to Justice Act 1999.
Failure to comply is a criminal offence.
Peer review is a recent development that verifies the quality of work done, using independent solicitors to review the work on files.
This process has been developed and managed, independently, by the Institute of Advanced Legal Studies.
All peer reviewers have signed contracts.
In addition to the general obligations of confidentiality, these contracts impose identical non-disclosure obligations identical to those that bind LSC staff.
These contracts include provisions governing conflicts of interest and protection of personal data.
Supported by the LSC's own contract management procedures, these protect and control the use of information disclosed to peer reviewers as part of the peer review process.
The LSC's prime motive in requesting and assessing files is to ensure public funds are used to procure quality legal services.
The legal profession recognises, as I do, that peer review is one of the most accurate tools for this.
Peter Watson, director, Supplier Development Group, Legal Services Commission, London
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