Dr Jo Wilding has carried out research into the immigration legal aid market and examined why, among other things, there is a shortage of organisations offering legal aid advice or representation.
She identifies one main issue as the Legal Aid Agency’s auditing and quality control process.
As the holder of a large family mediation contract to offer family mediation around the country, Compass Resolution Ltd has direct experience of these auditing and quality control process visits from the Legal Aid Agency.
Like most of those interviewed, we do not question the agency’s duty to audit but do share some of the sentiments expressed by of those interviewed, who spoke of a ‘zero tolerance of human error’ by the LAA, a relationship that was ‘hostile’ and ‘another, who had just given up their contract, described it as “like an abusive relationship”.
The additional unpaid time that legal aid providers spend dealing with the agency’s online billing system, CCMS (client and cost management system), and the associated frustration and stress, was the ‘single most significant problem for providers, and a real threat to survival for some who felt they were already “on the brink” because of the fee cuts’, the report says.
For us, this does not even take into account the fact that family mediation legal aid rates have been frozen for well over 10 years and quite possibly a lot longer. I have lost track!
It would be like asking those in the public services such as the NHS or teachers to accept a pay freeze for over 10 years ! I wonder how they might response to this and how the Government might react?
At Compass Resolution Ltd, each year we experience a declining legal aid profit margin, squeezed further by the time and cost demands of ever increasing administration, connected with running a legal aid contract.
Despite this, and whilst it is still profitable (just!) we will continue with our legal aid contract and offer legal aid to some very vulnerable individuals who, without our support, would have nowhere else to go. That said, the jury is out on our decision.
In my view, at the heart of what is needed from the Legal Aid Agency is a paradigm shift in mindset and approach in terms how they can better support the legal aid family mediators, out there on the ‘battle front’, ‘taking the hits’, helping and supporting some very vulnerable families, in some incredibly emotionally and psychologically demanding conditions.
Most of the time, all we ask for from the LAA is a greater insight and understanding of the demands of this work translated, in practical terms, to a great leniency and flexibility when it comes to their audits.
Let’s see what comes out of Dr Jo Wildings report for immigration services.
Let’s see if anything changes.