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STRATEGIC REVIEW ON THE DELIVERY OF LEGAL AID, ADVICE AND INFORMATION - REPORT TO MINISTERS AND THE SCOTTISH LEGAL AID BOARD
Annex 6 PERFORMANCE MEASUREMENT IN THE SCOTTISH LEGAL AID BOARD
During the late 1990s SLAB experienced operational difficulties leading to a failure to meet the majority of its performance targets in 1999/2000 and a backlog in the processing of accounts. Since then a range of measures have been introduced to improve performance, including the development and introduction of new and challenging key performance indicators, the setting up of an Independent Checking and Quality Unit, the extension of measures to tackle potential fraud and the extension of its forecasting capabilities.
Key Performance Indicators
In 1999/200 SLAB had only seven key performance indicators, the majority of which were concerned with timeliness. A new set of performance indicators was developed and introduced in October 2000. The new targets were designed to give a much more complete and balanced review of SLAB's performance. They include targets for all aspects of the applications process rather than concentrating solely on first instance decisions and the targets measure accuracy as well as timeliness. Headline indicators were also introduced which combine individual targets for accuracy and timeliness. They are designed to give an appropriate balance between the measures for speed of processing and the quality of decisions.
Since 2000 SLAB has continued to develop the performance indicators and increase the targets. Since then SLAB has consistently met or exceeded the vast majority of its targets. In 2002/2003 SLAB met or exceeded all the headline indicators and the vast majority of the individual targets. SLAB's performance indicators and performance against the targets during 2002/2003 are shown at Annex 2D.
Independent Checking and Quality Unit
In addition to recognising the paramount importance of accuracy of decision making in the development of the new performance indicators, an Independent Checking and Quality Unit was set up during 2000/2001. This unit checks that decisions are taken in accordance with guidelines and are accurate and consistent. The remit of the unit has been gradually extended and now covers decisions taken on applications, accounts and debt recovery matters.
Fraud and verification
Since 1999/2000 SLAB has increased its investigative capacity to check that only those who are eligible to receive legal aid receive it. SLAB has increased the volume of checks of information supplied by applicants and in 2002/2003 investigated 1,622 cases where it appeared that an applicant or assisted person had not made full disclosure at the time of application or, in civil cases, had not told SLAB about a change of circumstances. During the same period SLAB carried out 96 investigations into the conduct of solicitors. In 2002/2003 savings of 1 million resulted from the investigations into applicants, assisted persons and solicitors.
Communications and consultation
SLAB surveys solicitors every three years to ascertain their views on the range of the Board's services, operations and policies. The most recent survey was undertaken in 2003 and showed respondents to be generally satisfied with SLAB's services. It also showed there had been significant improvements in respondents' views of SLAB's performance since the previous survey in 2000. 4
To find out the views of the people who actually use legal aid, in 2003 SLAB conducted, for the first time, separate surveys of assisted persons and applicants for Advice and Assistance 5, and of people assisted through criminal legal aid, civil legal aid and opponents in civil legal aid cases. SLAB uses the information obtained from the surveys to help to identify further areas for development of legal aid and the services it provides.
SLAB has increased the level of communication and consultation with solicitors, advocates, assisted persons, the voluntary sector and others with an interest in legal aid. This includes consultation on developments in legal aid, meeting regularly with key partners in the justice system, holding public meetings and undertaking surveys.
Complaints
To monitor and improve its performance, SLAB has developed and introduced a new complaints procedure. This is separate from grievance review procedures relating to the granting of legal aid.
If applicants are dissatisfied about the service provided by SLAB, they can avail themselves of SLAB's three-stage complaint procedure. SLAB received 192 formal complaints during 2002/2003, a fifth less than the previous year. Of these complaints, 50% were considered justified, compared with 68% the previous year.
In common with most other public bodies in Scotland, SLAB comes within the remit of the Scottish Public Services Ombudsman and if, after exhausting SLAB's complaints procedure (or in other limited circumstances) applicants are still dissatisfied, they may be able to complain to the Ombudsman. The Ombudsman investigates complaints made by members of the public who have suffered injustice or hardship through maladministration or service failure from a wide range of public bodies.
During 2002/2003 the Ombudsman received 13 complaints relating to SLAB and a further three were carried forward from the previous year. The Ombudsman cleared 12 of these cases, none of which became statutory investigations or resulted in findings of maladministration by SLAB.
Staffing
SLAB experienced very high staff turnover in the late 1990s. This situation has now been reversed by a dramatic reduction in staff turnover. The percentage of leavers during the year 2003/2004 was 9.8% and staff turnover has consistently improved since 1998/99, when it stood at 24.6%. The Board's current performance compares very favourably with The Chartered Institute of Personnel & Development (CIPD) ninth UK labour turnover survey 6 which was conducted in August 2003. This related to the calendar year 2002 and covers the responses from 577 organisations with 877,550 employees. The survey showed an overall turnover rate of 16.1%.
SLAB undertakes regular two yearly surveys of staff opinions and uses the information to increase staff satisfaction as well as considering potential improvements in operations identified by staff. SLAB's commitment to developing and motivating staff was recognised when it was successfully reassessed against the Investors in People standard in 2002.
Legal Aid Online
SLAB has made significant progress with the development of its Legal Aid Online services. All SLAB services, including applications and accounts, will be available online by 2005. This will bring a range of benefits to the profession, applicants and opponents including significantly shorter timescales and increased accuracy. Legal Aid Online services will be introduced in the coming year, with Advice and Assistance expected to be available to solicitors from summer 2004.
As part of it commitment to continually improve its service and reflect this in its service standards and targets, SLAB has developed indicative service standards for cases that use the online service. They will be revised following the pilots and consultation. An example is registration of Advice and Assistance applications, which will be 3 days for online, compared to 10 days for paper based applications.
Footnotes
4 As reported in the Recorder issue 37, Summer 2003.
5 As reported in the Recorder issue 36, March 2003
6 Labour Turnover 2003 - Survey Report December 2003 - CIPD
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