Quality for clients is as fundamental to legal aid reform as improving access and value - the reforms aim to raise quality, not just maintain it.


Despite claims from some peer reviewers (see [2007] Gazette, 12 July, 15), quality need not cost more. Peer review data for legal aid from the regulatory impact assessment for Legal Aid Reform: The Way Ahead shows that higher quality is often no more expensive, and in many cases costs less, than average quality. In any case, the civil fixed fees do not reduce the overall budget - most providers will receive more than they do now for such work.



In their letters, the crime and family peer reviewers point out that they, in isolation, cannot assure quality. We agree. The work of high-quality peer reviewers is essential, but alongside this we have introduced other measures to monitor and improve quality for clients.



We will be monitoring 'case mix' to ensure providers continue to take on the more complex and time-consuming cases under fixed fees. Any providers failing to do so will be in breach of their contract. Exceptionally complex cases can still be paid at hourly rates.



Over the past year, we have run workshops for more than 1,000 legal aid firms and agencies to prepare them for peer review and share best practice from other providers on improving quality. In addition, we have produced a series of guides for improving performance across crime and civil areas, which are available on our website.



We will shortly be consulting upon our proposals for the introduction of best value tendering for criminal defence work. The consultation will cover the quality requirements for entry in the tendering process and plans for ongoing contract management.



Poor advice can be worse than no advice at all. We will only award contracts to firms that meet a strict quality threshold at peer review, which is backed by the Law Society and remains the preferred option for audit by all. No one need doubt that the commission wants to work in partnership with providers to ensure legal aid clients receive the high-quality services to which they are entitled.



Carolyn Regan, chief executive, Legal Services Commission, London