Sarah Sackman confirms contract changes removing office-opening requirements and expanding remote advice flexibility
Civil legal aid providers are to be given greater flexibility over remote consultations and office opening requirements under planned changes to contract rules confirmed by Sarah Sackman.
In a letter to Commons justice select committee chair Andy Slaughter MP, Sackman said the amendment of the standard civil contracts for legal aid would allow for the provision of remote legal advice.
Sackman said: ‘We intend to remove the current contract requirements for providers to have permanent office locations open for periods in a week, and the contract requirements limiting the number of applications for controlled work that can be conducted without the client being present.
‘We intend to replace these requirements with ones which enable providers to conduct work more flexibly, based around the needs of their clients and areas they service – while ensuring that in person advice remains available, in appropriate and accessible locations and environments, for clients who need it.’
At present, legal aid regulations generally require clients applying for civil legal aid to attend a provider’s office in person unless attendance is considered unnecessary, and providers are also subject to contractual expectations about minimum office opening periods.
She said the reforms follow evidence gathered from practitioners during the government’s Review of Civil Legal Aid, alongside responses to consultations on civil legal aid fee uplifts and service sustainability.
The move forms part of a wider programme aimed at improving access to civil legal aid and supporting provider capacity across England and Wales, where concerns have been raised about geographical gaps in provision and pressures on the legal aid market since the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
The Legal Aid Agency will run a contract consultation on these changes, which will launch shortly, She said.