Press Release

No bars to prison law advice

10th February 2009

The Legal Services Commission (LSC) announced today the launch of a consultation on the provision of prison law services for England and Wales funded by legal aid to make them more sustainable and improve their quality.

Prison law ranges from issues relating to prisoners' treatment and discipline to parole matters and factors affecting a prisoner's progression through the prison system.

In 2001/2, the LSC spent £1 million on prison law and the amount in 2007/8 was approximately £19 million. By 2011/12, LSC projections show this is likely to increase to around £45 million. This increase of nearly £7 million a year is unsustainable.

Carolyn Regan, Chief Executive of the Legal Services Commission, said: "These cases involve important decisions affecting prisoners' lives. The proposals would change the way in which these services are funded and supplied. Ensuring sustainable and experienced service providers deliver high quality advice and representation for clients and at the same time providing value for taxpayers is a priority.

"I would encourage anyone with views on the proposals relating to the provision of prison law services to respond to the consultation which will end on 5 May 2009."

The suggested reforms would be made in two phases. The proposals for the first phase, that might be implemented in total or in part, consist of:

- Introducing a Matter Start scheme for prison law advice and assistance cases, similar to the current civil Matter Start scheme. A proportion of the cases could be held back to ensure funding for important cases.

- Revising the funding criteria to ensure that only cases where there would be a realistic prospect of a positive outcome that would be of real benefit to the client are taken forward.

- Replacing the current system of payments via hourly rates with either a standardised or fixed fee scheme.

- Limiting work to firms that can prove they have enough experience and expertise in prison law work by introducing a requirement to have a supervisor who has carried out a minimum of 350 hours of prison law work.

This would enable the smooth transition to new ways of providing prison law services under phase two. The consultation seeks views on a variety of potential alternative delivery methods which may be piloted before being fully introduced. Phase two proposals include:

- Introducing a dedicated telephone helpline. Where possible, cases would be resolved over the phone but where necessary advisers could follow up calls with face-to-face meetings.

- Introducing a duty solicitor scheme so a dedicated adviser would provide assistance across a number of prisons.

- Increasing the use of video conferencing facilities in prisons to make meetings between solicitors and their clients quicker and less costly.

- Changing the way firms are allocated prison work. One way of doing this would be "block contracting" where firms bid to provide services for all work at a specific prison for a given period at a set price.