EMPLOYMENT – DISCRIMINATION
A charity’s decision not to appoint a person to a post due to their ethnic origin amounted to discrimination, regardless of the motive for the decision.
Miss Ahmed had been employed as a campaigner on Sudan and applied for the role of permanent Sudan researcher. She was of Sudanese origin and would have been identified as coming from the north of the country. The employer had previously operated a complete prohibition on staff working on their “own” countries. This had been abolished but conflicts of interest remained a concern and the employer was in the process of formulating a policy on the issue at the time of the dispute.
The employee was rejected for the researcher post due to the risk of potential conflicts of interest, risks to health and safety and security issues. The concerns were linked to her ethnic origin and the risk that others would perceive her to be associated with particular ethnic groups linked with the Sudanese government.
The EAT (Employment Appeal Tribunal) held that in discrimination cases, the key question is what were the grounds for the treatment complained of by the individual. If the reasons for the treatment are based on a protected characteristic, such as race or gender, the treatment will amount to direct discrimination, regardless of the employer’s motive or intention. The EAT did have some sympathy for organisations working abroad in situations of conflict and the difficulties they face. However, EAT were clear that in this case the decision to refuse to appoint the employee to the role was based on race and therefore unlawful, despite the particular difficulties of work in Sudan and Eastern Chad.
The employer also argued that their actions were covered by the exemption under section 41 of the Race Relations Act 1976 (RRA). Section 41 provides that the RRA will not render illegal any act done in order to comply with another statute. The employer argued that they were acting to comply with their statutory health and safety duties. However, the EAT concluded that section 41(1A) does not allow employers to rely on the statutory exemption where the discrimination is prohibited under EU law.
This case is a clear reminder to employers that decisions must be considered carefully for any discriminatory implications, as direct discrimination cannot be justified. Any benign motive or intention will not amount to a defence in a discrimination case.
Amnesty International v Ahmed UKEAT/0447/08/ZT
For further information, please contact:DEBORAH NATHAN on 0208 394 6437, Deborah.Nathan@russell-cooke.co.uk
Thursday 24 September 2009
Wednesday 23 September 2009
Amali Project in Tower Hamlets
Amali Project in Tower Hamlets works with:
* Families who have experienced domestic violence where the perpetrator is no longer in the family and
* Families who have experienced domestic violence where separation may not have occurred and reconciliation is being considered.
Objectives
* Educating children and young people for relationships by exploring non-violent relationships.
* Increase access for women and children to other community services .
* Work with women and children to develop their confidence, build self-esteem and improve mental well-being.
* To work with families to improve their lives by making informed changes to ensure their safety.
* Reduce violence and abuse within families by enabling and facilitating safe choices.
Services
* Risk assessments and safety planning
* Individual support and counselling
* Group work for children and their carers
* Play therapy for children
* Parenting programmes
All referrals must be made on a DV1 Form obtainable from the project.
Self referrals will be accepted as well as those from agency representatives.
Families must reside in the Borough of Tower Hamlets
Amali Project
DASL
Ground Floor North
100 Christian Street
Whitechapel
London E1 1RS
Tel:020 7702 1990
Fax:020 7702 2227
http://www.dasl.org.uk/
* Families who have experienced domestic violence where the perpetrator is no longer in the family and
* Families who have experienced domestic violence where separation may not have occurred and reconciliation is being considered.
Objectives
* Educating children and young people for relationships by exploring non-violent relationships.
* Increase access for women and children to other community services .
* Work with women and children to develop their confidence, build self-esteem and improve mental well-being.
* To work with families to improve their lives by making informed changes to ensure their safety.
* Reduce violence and abuse within families by enabling and facilitating safe choices.
Services
* Risk assessments and safety planning
* Individual support and counselling
* Group work for children and their carers
* Play therapy for children
* Parenting programmes
All referrals must be made on a DV1 Form obtainable from the project.
Self referrals will be accepted as well as those from agency representatives.
Families must reside in the Borough of Tower Hamlets
Amali Project
DASL
Ground Floor North
100 Christian Street
Whitechapel
London E1 1RS
Tel:020 7702 1990
Fax:020 7702 2227
http://www.dasl.org.uk/
Drug & Alcohol Service for London DASL - Children and Young People's Domestic Violence and Substance Misuse Service
DASL provides a range of alcohol services in Tower Hamlets, including:
* Community and residential alcohol detoxification
* Alcohol counselling
* Domestic Violence service
* Bengali Outreach Project
* Group Programme
* Counselling
* Rehabilitation
We also offer a drop-in service on Tuesday, Wednesday and Thursday between 3pm and 5pm at our Christian Street site.
You do not need an appointment to attend, and a DASL worker will give you information and advice about how we can help you to change your drinking.
If you live or work in Tower Hamlets, you can contact us at the address below for more information or to make an appointment.
Address:
Ground Floor
100 Christian Street
Whitechapel
London E1 1RS
Tel: 020 7702 0002
Fax: 020 7702 2277
Email: dutydeskcs@dasl.org.uk
Website: http://www.dasl.org.uk/
* Community and residential alcohol detoxification
* Alcohol counselling
* Domestic Violence service
* Bengali Outreach Project
* Group Programme
* Counselling
* Rehabilitation
We also offer a drop-in service on Tuesday, Wednesday and Thursday between 3pm and 5pm at our Christian Street site.
You do not need an appointment to attend, and a DASL worker will give you information and advice about how we can help you to change your drinking.
If you live or work in Tower Hamlets, you can contact us at the address below for more information or to make an appointment.
Address:
Ground Floor
100 Christian Street
Whitechapel
London E1 1RS
Tel: 020 7702 0002
Fax: 020 7702 2277
Email: dutydeskcs@dasl.org.uk
Website: http://www.dasl.org.uk/
Party conferences
London Councils is hosting roundtable discussions at each of the three main party conferences this month, bringing together key politicians and decision-makers to consider what the next government will need to do to tackle some of the major challenges facing the capital.
Read more about the autumn conferences
Read more about London Councils' lobbying work
Contact: Oliver Hatch, public affairs manager
Read more about the autumn conferences
Read more about London Councils' lobbying work
Contact: Oliver Hatch, public affairs manager
New grants website
London Councils has launched a new website featuring real-life case studies from a range of organisations funded by London Councils' £28 million voluntary sector grants scheme. London Councils also maintains a directory of the work being funded, with contact details, events listings and the latest news from our funded groups.
Visit the grants website
Visit the online directory of funded groups
Contact: Clare Kiely, policy and grants manager
Visit the grants website
Visit the online directory of funded groups
Contact: Clare Kiely, policy and grants manager
Tuesday 22 September 2009
East London Housing manager drops legal challenge
11:19am Monday 21st September 2009
THE company which manages council housing has given up its attempt to force leaseholders to hand over thousands of pounds for building repairs.
Ascham Homes has failed in its fourth bid to overturn a ruling which denied the company permission to avoid consulting people who had bought houses under the Right To Buy scheme.
Many residents who share blocks with council tenants faced financial ruin after receiving massive bills with little warning for repair work they say was unnecessary.
They took their case to the Leasehold Variation Tribunal, which ruled in their favour, but Ascham Homes used tens of thousands of pounds of taxpayers’ money in a bid to overturn the decision.
The company has now confirmed it will not seek a judicial review against the latest ruling by the president of the Lands Tribunal, but a £5million council contingency fund will now have to be used to continue Decent Homes programme improvements.
Charted accountant Michael McGough who was billed £32,000 for unwanted work on his property in West Avenue Road, Walthamstow, has led the leaseholders' battle.
He said: “This has come as a great relief to all the leaseholders who have been worried about whether they have to pay or not.”
The leaseholders can only now legally be charged up to £250 for the work.
Mr McGough added: “Taxpayers have lost out because of mismanagement.”
It is not yet clear whether leaseholders who have already paid the bills will be refunded.
Ascham Homes is yet to comment on the decision.
Story from:
http://www.guardian-series.co.uk/news/4640050.Housing_manager_drops_legal_challenge/?ref=mr
THE company which manages council housing has given up its attempt to force leaseholders to hand over thousands of pounds for building repairs.
Ascham Homes has failed in its fourth bid to overturn a ruling which denied the company permission to avoid consulting people who had bought houses under the Right To Buy scheme.
Many residents who share blocks with council tenants faced financial ruin after receiving massive bills with little warning for repair work they say was unnecessary.
They took their case to the Leasehold Variation Tribunal, which ruled in their favour, but Ascham Homes used tens of thousands of pounds of taxpayers’ money in a bid to overturn the decision.
The company has now confirmed it will not seek a judicial review against the latest ruling by the president of the Lands Tribunal, but a £5million council contingency fund will now have to be used to continue Decent Homes programme improvements.
Charted accountant Michael McGough who was billed £32,000 for unwanted work on his property in West Avenue Road, Walthamstow, has led the leaseholders' battle.
He said: “This has come as a great relief to all the leaseholders who have been worried about whether they have to pay or not.”
The leaseholders can only now legally be charged up to £250 for the work.
Mr McGough added: “Taxpayers have lost out because of mismanagement.”
It is not yet clear whether leaseholders who have already paid the bills will be refunded.
Ascham Homes is yet to comment on the decision.
Story from:
http://www.guardian-series.co.uk/news/4640050.Housing_manager_drops_legal_challenge/?ref=mr
Monday 21 September 2009
Make sure children aren’t shut out from the Equality Bill
Make sure children aren’t shut out from the Equality Bill: Email your MP and complete the Young Equals survey
Young Equals is a group of charities and children and young people who are campaigning to stop age discrimination.
Tell your MP that under-18s should not be excluded from age discrimination protection in the Equality Bill. Your email will help raise awareness of age discrimination against children and young people and could make a real difference as these issues are debated in Parliament. Email your MP here.
Take part in the Young Equals survey: Have you been treated unfairly because of your age?Young Equals is gathering evidence of harmful age discrimination against under-18s and wants to hear about your experiences. If you are 18+ and would like to contribute you can answer in relation to your experiences as a child, or in relation to other people's experiences as a child (e.g. your own children). We will use this information to help change the law and get legal protection from age discrimination for children. All answers will remain confidential. Take part here.
For more information on Young Equals go to: http://www.crae.org.uk/protecting/age-discrimination.html
Young Equals is a group of charities and children and young people who are campaigning to stop age discrimination.
Tell your MP that under-18s should not be excluded from age discrimination protection in the Equality Bill. Your email will help raise awareness of age discrimination against children and young people and could make a real difference as these issues are debated in Parliament. Email your MP here.
Take part in the Young Equals survey: Have you been treated unfairly because of your age?Young Equals is gathering evidence of harmful age discrimination against under-18s and wants to hear about your experiences. If you are 18+ and would like to contribute you can answer in relation to your experiences as a child, or in relation to other people's experiences as a child (e.g. your own children). We will use this information to help change the law and get legal protection from age discrimination for children. All answers will remain confidential. Take part here.
For more information on Young Equals go to: http://www.crae.org.uk/protecting/age-discrimination.html
A Guide to Equality and Diversity in the Third Sector
Olmec was established in 2003 as a community investment foundation by Presentation, a social investment agency that provides affordable housing and community regeneration. They work with community organisations and individuals in disadvantaged neighbourhoods to design and deliver innovative projects that act as catalysts for change.
Olmec's comprehensive guide takes a practical look at how organisations can plan and monitor equality and diversity programmes at work.
The guide illustrates best practice by example and includes:
* how to conduct an equality audit
* formulating an action plan
* monitoring success
* information on the six equality strands
* useful contacts and resources
You can download your free copy of the guide here: http://rs6.net/tn.jsp?et=1102707930164&s=4381&e=001Ji7tC-lVrLiSWqzryV0DEEtnmUGJmaWuDkpMybxvEexTgVHztIn6Uee-rlN2PYF9Ikybbzz4X-uX6B9ojNa7pUo-B_8yshkYb20Dg0wsF9ZIdGfVkSeAEA_Th1_Fl9hfel-v7rvylGYtZgHahdOgt3sb4iYaGWSP_o92woGsESgUxmnzM2EcxwmseK_3TbOIXQxyHw3DwtBloiZVB-Bn2WlTFwaNfxx3khCKJ8rUW_E= (166 pages)
Olmec's comprehensive guide takes a practical look at how organisations can plan and monitor equality and diversity programmes at work.
The guide illustrates best practice by example and includes:
* how to conduct an equality audit
* formulating an action plan
* monitoring success
* information on the six equality strands
* useful contacts and resources
You can download your free copy of the guide here: http://rs6.net/tn.jsp?et=1102707930164&s=4381&e=001Ji7tC-lVrLiSWqzryV0DEEtnmUGJmaWuDkpMybxvEexTgVHztIn6Uee-rlN2PYF9Ikybbzz4X-uX6B9ojNa7pUo-B_8yshkYb20Dg0wsF9ZIdGfVkSeAEA_Th1_Fl9hfel-v7rvylGYtZgHahdOgt3sb4iYaGWSP_o92woGsESgUxmnzM2EcxwmseK_3TbOIXQxyHw3DwtBloiZVB-Bn2WlTFwaNfxx3khCKJ8rUW_E= (166 pages)
The CLS Support bulletin Staying In The Black
The CLS Support bulletin Staying In The Black, published June 2009, (email bulletin no.30 http://www.asauk.org.uk/go/members/MiscPage_62.html) outlined the final buffer position under the Unified Contract, and how the LSC is likely to manage your account from April 2010.
Friday 18 September 2009
Young people need better qualified advice workers
NEWS RELEASE
17th September 2009 – for immediate release
Youth Access report argues the time is right to professionalise the youth advice workforce
Every year, over 2 million young people experience serious social welfare problems, such as debt and homelessness. Only a minority manage to obtain advice and fewer still get advice that actually helps them resolve their most complex problems – with disastrous consequences for individuals and wider society.
Yet, many youth workers, Personal Advisers and other youth professionals receive inadequate training to equip them to provide competent information, advice and guidance (IAG) on social welfare issues.
A new report published today by Youth Access – the youth advice and counselling network – argues that, if young people are to get the advice they deserve, the workforce needs to be professionalised. Many existing qualifications are either not relevant to working with young people or are focussed on careers IAG.
Given the impact of rising youth unemployment, there is an urgent need to develop a new youth advice qualification that will equip workers to provide good quality social welfare advice and expand access to high quality training.
The report makes clear that action must be directed not only at dedicated youth advice workers, but at the wider youth workforce, which will need to get better at spotting social welfare problems, providing initial information or advice and making appropriate referrals to more specialist workers.
Barbara Rayment, Director of Youth Access, says:
“Youth Access has been at the forefront of developing standards for the youth advice sector. Many of the tools necessary for developing the workforce further are now in place – including new national occupational standards for youth advice workers.
“The existing youth advice workforce possesses an enormous amount of expertise and often achieves life-changing results for its clients. However, its expertise goes largely unrecognised.
“Government support is now required to develop a youth advice qualification, which will help retain the workforce and provide greater career choices and progression routes.”
Research has shown that the majority of youth advice workers enter advice work “almost by chance”, many after gaining qualifications in youth work. However, whilst they report exceptionally high job satisfaction levels, few youth advice workers have access to coherent local training or a clear career route.
Olive Millar, Manager of Two-E, a youth advice centre managed by Enfield Council says:
“I qualified and initially worked as a youth worker. Later, I pretty much ‘fell into’ advice, without any proper training.
“Fortunately, I managed to obtain training on the job in key areas of advice, such as housing and benefits, which has given me the competence to advise young people.
“Most of my staff are the same – they arrive as qualified youth workers, but need to then access more specialist training so they can give our clients the advice they so desperately need.
“It’s a great job being a youth advice worker, but it’s a shame our skills aren’t formally recognised.”
Download the report: The Youth Advice Workforce: Now And In The Future
Notes for Editors
1. Youth Access is the national membership association for a network of over 200 youth information, advice, counselling and support services across the UK dealing with over one million enquiries a year on issues as diverse as sexual health, mental health, relationships, homelessness, benefits and debt. For further information, go to: www.youthaccess.org.uk.
2. For more information, hard copies of the report, case studies and access to interviewees, please contact:
James Kenrick, Advice Services Development Manager, Youth Access
020 8772 9900 ext. 25 / 07535 344881; james@youthaccess.org.uk
3. Other relevant reports published by Youth Access include:
· The Advice Needs of Young People – The Evidence (2009)
· The Impact of the Recession on Young People – and on their needs for advice and counselling services (2009)
· Rights Within Reach: Developing Effective Legal Advice Outreach Services for Young People (2009)
· Locked Out: Young people’s housing and homelessness needs and the impact of good advice (2007)
· Young People’s Social Welfare Needs and the Impact of Good Advice (2007)
· Rights to Access: meeting young people’s needs for advice (2002)
All of Youth Access’ reports are available to download for free from http://www.youthaccess.org.uk/publications
17th September 2009 – for immediate release
Youth Access report argues the time is right to professionalise the youth advice workforce
Every year, over 2 million young people experience serious social welfare problems, such as debt and homelessness. Only a minority manage to obtain advice and fewer still get advice that actually helps them resolve their most complex problems – with disastrous consequences for individuals and wider society.
Yet, many youth workers, Personal Advisers and other youth professionals receive inadequate training to equip them to provide competent information, advice and guidance (IAG) on social welfare issues.
A new report published today by Youth Access – the youth advice and counselling network – argues that, if young people are to get the advice they deserve, the workforce needs to be professionalised. Many existing qualifications are either not relevant to working with young people or are focussed on careers IAG.
Given the impact of rising youth unemployment, there is an urgent need to develop a new youth advice qualification that will equip workers to provide good quality social welfare advice and expand access to high quality training.
The report makes clear that action must be directed not only at dedicated youth advice workers, but at the wider youth workforce, which will need to get better at spotting social welfare problems, providing initial information or advice and making appropriate referrals to more specialist workers.
Barbara Rayment, Director of Youth Access, says:
“Youth Access has been at the forefront of developing standards for the youth advice sector. Many of the tools necessary for developing the workforce further are now in place – including new national occupational standards for youth advice workers.
“The existing youth advice workforce possesses an enormous amount of expertise and often achieves life-changing results for its clients. However, its expertise goes largely unrecognised.
“Government support is now required to develop a youth advice qualification, which will help retain the workforce and provide greater career choices and progression routes.”
Research has shown that the majority of youth advice workers enter advice work “almost by chance”, many after gaining qualifications in youth work. However, whilst they report exceptionally high job satisfaction levels, few youth advice workers have access to coherent local training or a clear career route.
Olive Millar, Manager of Two-E, a youth advice centre managed by Enfield Council says:
“I qualified and initially worked as a youth worker. Later, I pretty much ‘fell into’ advice, without any proper training.
“Fortunately, I managed to obtain training on the job in key areas of advice, such as housing and benefits, which has given me the competence to advise young people.
“Most of my staff are the same – they arrive as qualified youth workers, but need to then access more specialist training so they can give our clients the advice they so desperately need.
“It’s a great job being a youth advice worker, but it’s a shame our skills aren’t formally recognised.”
Download the report: The Youth Advice Workforce: Now And In The Future
Notes for Editors
1. Youth Access is the national membership association for a network of over 200 youth information, advice, counselling and support services across the UK dealing with over one million enquiries a year on issues as diverse as sexual health, mental health, relationships, homelessness, benefits and debt. For further information, go to: www.youthaccess.org.uk.
2. For more information, hard copies of the report, case studies and access to interviewees, please contact:
James Kenrick, Advice Services Development Manager, Youth Access
020 8772 9900 ext. 25 / 07535 344881; james@youthaccess.org.uk
3. Other relevant reports published by Youth Access include:
· The Advice Needs of Young People – The Evidence (2009)
· The Impact of the Recession on Young People – and on their needs for advice and counselling services (2009)
· Rights Within Reach: Developing Effective Legal Advice Outreach Services for Young People (2009)
· Locked Out: Young people’s housing and homelessness needs and the impact of good advice (2007)
· Young People’s Social Welfare Needs and the Impact of Good Advice (2007)
· Rights to Access: meeting young people’s needs for advice (2002)
All of Youth Access’ reports are available to download for free from http://www.youthaccess.org.uk/publications
Monday 14 September 2009
New CW1: partner must sign the declaration too
The LSC is preparing to issue amended forms, which will come in to force in November this year. One key change is to the Controlled Work 1 form.
It is, that there is now a box where the client's partner should sign a declaration, along with the client.
e are worried that there could be lots of problems with this new form that haven't been addressed yet
Love is: signing your first legal help form together
The issue was brought to our attention by ilegal team member, Gaylec. Find out more, including the other forms that will be amended, by clicking here
Useful things on ilegal
1. Employment: NMS and insolvent employers here
2. Housing: NMS recurrent s.21 notices? Answer here
3. Invitation to tender for West Sussex CLA service now out and available here
4. ASA response to the SRA consultation on Regulating Alternative Business Structures here
5. Discussion on splitting Housing matters here
6. LSC contracts and the NfP sector - are you stuck between a rock and a hard place? Discussion here
It is, that there is now a box where the client's partner should sign a declaration, along with the client.
e are worried that there could be lots of problems with this new form that haven't been addressed yet
Love is: signing your first legal help form together
The issue was brought to our attention by ilegal team member, Gaylec. Find out more, including the other forms that will be amended, by clicking here
Useful things on ilegal
1. Employment: NMS and insolvent employers here
2. Housing: NMS recurrent s.21 notices? Answer here
3. Invitation to tender for West Sussex CLA service now out and available here
4. ASA response to the SRA consultation on Regulating Alternative Business Structures here
5. Discussion on splitting Housing matters here
6. LSC contracts and the NfP sector - are you stuck between a rock and a hard place? Discussion here
Wednesday 9 September 2009
Legal aid reforms - 20 August 2009
The Ministry of Justice today set out proposals to rebalance the legal aid budget to ensure that the £2 billion currently spent every year goes as far as possible in favour of civil help for those who need it most.
The proposals will help to sustain the legal aid budget over the next spending review period, ensure that we focus criminal legal aid spending effectively and protect the civil fund as far as possible from any rise in criminal spend in the short to medium term.
The proposals intend to make better use of the criminal legal aid budget, reform and rationalise payment structures and sustain legal aid for the next 60 years have today been outlined in a consultation paper issued to stakeholders across the legal sector.
The funding reforms outlined in the consultation paper include:
Rationalising the rate of pay for barristers in Crown Court cases. On average, barristers acting for the prosecution receive 23% less pay than if they were acting for the defence, which could be creating an incentive for barristers to favour defence work over prosecution work.
Stabilising the cost of legal aid representation at police stations. Costs have been driven up by an oversubscription of duty schemes in some areas of the country, mostly in areas with too many firms competing for business.
In order to contain these costs and discourage inefficiency, we are proposing a reduction in police station fees in the most expensive and oversubscribed areas.
Ending the current duplication of fees which remunerates litigators for preparation for committal hearing but which also remunerates the same litigators for consideration of the Committals Bundle in preparation for trial in the Crown Court. The change will see all working on Committals combined into one fixed fee which will be paid out of the Litigator Graduate Fee Scheme.
Ending the anomaly by which practitioners in criminal cases receive a fee for file reviews which does not apply in civil cases. This would see an end to payments for criminal file reviews.
In addition, the Legal Services Commission will be asked to consider changes to payments made to experts in both criminal and civil cases. Currently, the legal aid budget pays different amounts for the same work by different experts and across categories of law. The change would see payments standardised to ensure better value for money.
The Legal Services Commission has also been asked to find an additional 5% saving from its administrative budget this year, and 10% next year.
Legal Aid Minister, Willy Bach said:
‘The UK has one of the best funded legal aid systems in the world and it is a vital service for many people, particularly during the current economic downturn. More and more homeowners, employees and those facing financial hardship are vulnerable to civil law problems at this time. We need to do all we can to ensure that legal aid is prioritised effectively so that more people are able to access it to and resolve their legal problems.
‘Legal aid practitioners provide a fantastic service and should be paid accordingly; and that means rebalancing some fee structures so that there is greater fairness across the board. Today’s consultation paper sets out proposals to make better use of the legal aid budget and ensure access for as many people as possible.’
The consultation on the proposed legal aid funding reforms will run from 20 August 2009 to 12 November 2009.
Notes to editors
For media enquiries please contact Ministry of Justice press office on 020 3334 3536.
The proposed legal aid funding reforms are outlined in a formal consultation, Legal aid: funding reforms.
The proposals will help to sustain the legal aid budget over the next spending review period, ensure that we focus criminal legal aid spending effectively and protect the civil fund as far as possible from any rise in criminal spend in the short to medium term.
The proposals intend to make better use of the criminal legal aid budget, reform and rationalise payment structures and sustain legal aid for the next 60 years have today been outlined in a consultation paper issued to stakeholders across the legal sector.
The funding reforms outlined in the consultation paper include:
Rationalising the rate of pay for barristers in Crown Court cases. On average, barristers acting for the prosecution receive 23% less pay than if they were acting for the defence, which could be creating an incentive for barristers to favour defence work over prosecution work.
Stabilising the cost of legal aid representation at police stations. Costs have been driven up by an oversubscription of duty schemes in some areas of the country, mostly in areas with too many firms competing for business.
In order to contain these costs and discourage inefficiency, we are proposing a reduction in police station fees in the most expensive and oversubscribed areas.
Ending the current duplication of fees which remunerates litigators for preparation for committal hearing but which also remunerates the same litigators for consideration of the Committals Bundle in preparation for trial in the Crown Court. The change will see all working on Committals combined into one fixed fee which will be paid out of the Litigator Graduate Fee Scheme.
Ending the anomaly by which practitioners in criminal cases receive a fee for file reviews which does not apply in civil cases. This would see an end to payments for criminal file reviews.
In addition, the Legal Services Commission will be asked to consider changes to payments made to experts in both criminal and civil cases. Currently, the legal aid budget pays different amounts for the same work by different experts and across categories of law. The change would see payments standardised to ensure better value for money.
The Legal Services Commission has also been asked to find an additional 5% saving from its administrative budget this year, and 10% next year.
Legal Aid Minister, Willy Bach said:
‘The UK has one of the best funded legal aid systems in the world and it is a vital service for many people, particularly during the current economic downturn. More and more homeowners, employees and those facing financial hardship are vulnerable to civil law problems at this time. We need to do all we can to ensure that legal aid is prioritised effectively so that more people are able to access it to and resolve their legal problems.
‘Legal aid practitioners provide a fantastic service and should be paid accordingly; and that means rebalancing some fee structures so that there is greater fairness across the board. Today’s consultation paper sets out proposals to make better use of the legal aid budget and ensure access for as many people as possible.’
The consultation on the proposed legal aid funding reforms will run from 20 August 2009 to 12 November 2009.
Notes to editors
For media enquiries please contact Ministry of Justice press office on 020 3334 3536.
The proposed legal aid funding reforms are outlined in a formal consultation, Legal aid: funding reforms.
Thursday 3 September 2009
Tuesday 1 September 2009
Legal: How Tesco law will revolutionise
The Legal Services Act (LSA) 2007, which has attracted the label 'Tesco law' to reflect the dramatic manner in which ownership and investment will be liberalised by 2012.
The Act allows for the formation of alternative business structures to provide legal services, rather than the current partnership model, where ownership is shared among senior lawyers. It means Tesco could start selling wills and personal injury lawsuits alongside the fruit and veg.
Despite the fact Tesco has yet to make its intentions clear, the label has stuck. Supermarkets, banks and insurers are expected to begin selling legal services - bringing consumer marketing insight to the process.
The Act will also, for the first time, enable external investors to own shares in law firms. The UK legal services market is worth a staggering £20bn and offers mouthwatering margins.
Already, private equity players have begun scouting opportunities in the legal sector. Stock market flotations cannot be too far off, either. The implications for financial and investor relations specialists are obvious.
The biggest challenge is for the high street and regional firms that will start to face competition from supermarkets and banks.
'The challenge we are seeing is new entrants,' says Julie Gingell, director of marketing and business development at regional law firm SA Law.
The Legal Services Act (LSA) also enables non-lawyers to become partners.
The Act allows for the formation of alternative business structures to provide legal services, rather than the current partnership model, where ownership is shared among senior lawyers. It means Tesco could start selling wills and personal injury lawsuits alongside the fruit and veg.
Despite the fact Tesco has yet to make its intentions clear, the label has stuck. Supermarkets, banks and insurers are expected to begin selling legal services - bringing consumer marketing insight to the process.
The Act will also, for the first time, enable external investors to own shares in law firms. The UK legal services market is worth a staggering £20bn and offers mouthwatering margins.
Already, private equity players have begun scouting opportunities in the legal sector. Stock market flotations cannot be too far off, either. The implications for financial and investor relations specialists are obvious.
The biggest challenge is for the high street and regional firms that will start to face competition from supermarkets and banks.
'The challenge we are seeing is new entrants,' says Julie Gingell, director of marketing and business development at regional law firm SA Law.
The Legal Services Act (LSA) also enables non-lawyers to become partners.
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