Criminal Law Solicitors’ Association
Director: Rodney Warren Administrator: Sue JohnsonSuite 2 Level 6, New England House, New England Street, BrightonBN1 4GH
DX: 2740 Brighton
Tel: 01273 676725 Email: /Sir Bill Callaghan, Chair Legal Services Commission
Carolyn Reagan, Chief Executive Legal Services Commission
DX 328
LON/CH'RY LN WC2 / Chair /
Joy Merriam
Suite 2 Level 6
New England House
New England Street
Brighton BN1 4GH
DX: 2740 Brighton
T: 01273 676725E:
Date: 08/04/2009
Dear Sir Bill and Carolyn
As you will be aware the Criminal Contract Consultative Group met on the 7th April 2009. We, the CLSA, LCCSA and LAPG, have attended a number of meetings with the LSC in relation to matters relating to the provision of criminal defence services. We do so in a sprit of co-operation with you and to keep our members advised as to current developments.
However we are reaching the conclusion that participation on your part in these meetings is little more than lip service. We have noticed a substantial decline in the quantity and quality of information provided by you, in particular financial information; data is either not supplied, supplied late or supplied with a caveat that it is not accurate and cannot be relied upon. We are concerned that our participation in these meetings is for you to assert a veneer of consultation which is not genuine.
Consequently we read a statement (and attach a copy) at the meeting yesterday in place of entering into what we consider are becoming meaningless discussions which take place in tandem with you developing your policies with little or no reference to our views.
You will see from our statement that the matter has been thrown into sharp relief by the publication of the second consultation on Best Value Tendering. We had been given certain assurances by Sir Michael Bichard, and to which the CLSA referred to in a recent press release, We have also been assured in meetings that the LSC now recognize the folly of the roll out of substantial changes in process without proper piloting and evaluation. It was asserted by you that the problems caused by the roll outs of Magistrates Court means testing,LSC Online and DSCC had been recognized and would not occur again. It was of course our members who bore the brunt of the chaos that occurred in these cases.
It was against this background that we were told in CCCG meetings that there was to be careful evaluation of any BVT pilot. We were given a number of different reasons as to the delay in the publication of the consultation; we were told the time table had slipped. However it is now clear that while meeting with us you were all the while developing the detail for a speedy national roll out and policy and practical decisions had been made in the absence of consultation. We can only express our dismay and indeed anger that you have taken this course.
We raised one other matter at the CCCG meeting on the 7th April which is the arbitrary move, without prior notice, of the SMP payment date. The decision to move the date back showed a cavalier disregard for our members who are trying to run businesses in straightened times. It showed no appreciation of the problems for cash flow or indeed the consequences in the current climate of a sudden, and possibly
unauthorized, increase in borrowing to meet the shortfall. All this occurred against the background of a
(admittedly communicated) slow down in BACS payments in March and the effect of the March rental quarter day falling due.
We write to enquire as to your proposals for compensating our members for the cost of increased borrowing, bank charges and other losses or costs.. The wider and separate aspect of the relationship consequences may also be worth addressing.
We await your response to this and the other issues raised in our letter as a matter of urgency
Yours sincerely
J Merriam CLSA
R Shaw LCCSA
R Morgan LAPG
Chairman: Joy Merriam – Duncan Lewis & Co
Vice-Chairman: Mike Jones – Grayson Willis Bennett
Honorary Secretary: Julian Berg –Eddowes Perry & Osbourne Treasurer: Steve Wedd-BWS