Over 100 law firms specialising in criminal legal aid have raised serious concerns about the bidding process for new contracts, which expired yesterday. In a critical plea to the Lord Chancellor, Shabana Mahmood, the firms have warned that they may reject offers unless pay rates are significantly increased. They argue that without better compensation, they cannot continue providing essential legal services.
These warnings stem from the Ministry of Justice (MoJ) soliciting bids without providing crucial information about fee structures, leaving firms uncertain about their ability to continue offering essential legal services.
Earlier this year, the MoJ faced a setback when the High Court, ruled that the then Lord Chancellor’s decision not to implement the 15% rate increase recommended by the Bellamy Review was irrational. This was followed by an announcement to provide additional funding to increase rates for police station and youth court fees, whose consultation responses are yet to published.
The Law Society Gazette reported that a legal aid advisory board was established to advice the Lord Chancellor on the operation and structure of criminal legal aid schemes. The board’s recommendations, aimed at benefiting the legal profession, have been submitted to the MoJ. However, these recommendations have yet to be made public.
Law Society President Richard Atkinson criticized the tender process, in particular that firms must bid ‘without knowing the government’s response to the judicial review on the criminal legal aid fees’. He also highlighted an alarming trend of a 33% drop in legal aid firms since 2017 and a 26% decline in duty solicitors.
Former Law Society President Nick Emmerson warned that without more government investment, criminal legal aid could vanish in a decade. His comments follow the closure of national firm Taylor Rose’s criminal legal aid department, as reported in the Law Society Gazette.
Giving evidence on legal aid in 2023, the former President of the Law Society, Lubna Shuja told the House of Commons Justice Select Committee ‘£30 million is all that is needed to fill the gap between the governments’ offer and the Bellamy Review’s 15% recommendation.’