1. Portfolio/Number/Name:J/C4 - Legal Aid - changes in rules and
increased efficiency |
2. Programme/Activity: Please
include a short description Modernising Legal Aid is an ongoing
programme of modernisation of regulatory
changes required: - To promote efficiency, fair reward
and quality in the delivery of legal
aid and
- As a result of new legislation
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3. Planned Savings | | 2005-06 | 2006-07 | 2007-08 |
Cash (m) | 5.5 | 9 | 12 |
Time Releasing (m) | 0 | 0 | 0 |
4. Accountable Officer for
delivery | Robert Gordon |
5. Project Manager | Andrew Dickson |
6. EGDG account manager | Carolyn Girvan |
7. Quality Impact | Describe any impact on the quality
of service delivery. Be specific and
explain if the expectation is positive,
negative or neutral. In delivery of efficiency savings,
there should be no effect on the quality of
service delivery since reforms resulting in
efficiency savings in legal aid provisions
are designed to ensure that there is
greater control over the funding of cases
along with more efficient cost effective
administration. Legal aid is still
available to all who are entitled subject
to statutory tests of eligibility and
probable cause. |
8. Dependencies | Explain if your savings are
dependant on legislation or other
structural changes being achieved. Efficiency savings to legal aid have
been identified in conjunction with the
Scottish Legal Aid Board (SLAB). The
savings are incorporated in a number of
measures- - A number of savings measures were
identified as a package including the
rationalisation of Counsels' fees in
civil and criminal cases. This package
of savings commenced in July 2004 by
regulatory changes which are to
continue through 2005 with two further
stages of appropriate regulatory
changes still to be implemented post
April 2005.
- Substantial reforms to civil advice
and assistance are scheduled to be
implemented in a number of stages
throughout 2005.
A consultation exercise on the
Strategic Review on the Delivery of Legal
Aid, Advice and Information is being
carried out. This should identify further
changes to legal aid requiring primary
legislation that may be implemented in
spring 2006. The implementation of such
measures will contribute to the projected
overall savings thereafter. |
9. Description of efficiency and
actions to be taken | 9.1 How will the saving be made? Be
specific about number/size of contracts,
staff, posts dates etc. The savings are to be made from - changes to legislation identified
in paragraph 8
- SLAB's ongoing commitment to
modernise Government by the
implementation of changes to electronic
systems to provide legal aid on line,
improved document and case management
to ensure despite no overall decrease
in the volume of work that such systems
operate at increased ratios of outputs
to resource inputs.
- An overall saving in the number of
staff that have been employed by SLAB
since April 2001 when 322 were employed
where the projection for April 2006 is
that 288 will be employed. No specific
staff or posts have been identified as
being made redundant but such savings
in staff posts result from natural and
managed wastage which are factored in
as part of the improved administrative
systems.
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9.2 What action is critically
needed to secure delivery of this saving?
Be specific, and name the key action
managers if they are outwith your immediate
management chain (e.g. in an
NDPB.) The expenditure by SLAB comprises both
grant-in-aid and the Legal Aid Fund. Savings on the Grant-in-aid: The pay
remit is a matter of ongoing preparation by
SLAB to budget for the staffing costs in
the period of 2005-8. Efficiency savings
will be incorporated in the calculation of
the projected increase in such remit. Savings on the Legal Aid Fund are to be
made by implementing identified legislative
changes to regulations as part of the
ongoing packages identified in paragraph 8.
Further savings have been projected in the
region of 400- 500k pa (after spend to save
on Grant-in -aid of 100k) from the
implementation of initiatives such as
additional checking and anti fraud
procedures. Management of both the Legal Aid Fund
and Grant-in-aid are supervised by the
Access to Justice Division of the Civil and
International Group. The Chief Executive and Board of SLAB
are accountable for the operation of
SLAB. |
10. Impact on Staffing to achieve the efficiency
gain | If there are to be any changes in
staff numbers (at activity level) to
achieve the efficiency gain, please
indicate how many full time equivalents and
how far you expect savings to be achieved
by natural wastage (show additions as + and
reductions as -). |
| 2005- 06 | 2006- 07 | 2007- 08 |
+ | | | |
- | | | |
Net | | | |
Explanation | SLAB has not identified any specific
staff changes other than the overall
reduction in staff identified in paragraph
9.1 |
11. Benefits | In general, the benefits of the
Scottish Executive Efficiency Plan are the
enhanced outputs from the resources
Ministers have been able to allocate in
SR04. But if there is a direct connection
between this efficiency saving and the
enhancement of a particular service please
describe it here. N/A |
12. Gross/Net Cash Savings | 12.1 Please set out the gross
recurring saving and any offsetting
recurring expenditure. For 2005/6, gross recurring savings
projected at 9974.5k with offsetting costs
at 4478k. Net saving is 5496.5k. For 2006/7 gross recurring savings
projected at 15819.5k with offsetting costs
of 5653k. Net saving is 10166.5k. These figures are subject to continuing
review. |
12.2 Against what budget does this
expenditure and saving fall? The budget of the Justice
Department |
12.3 Has this saving been built
into your budget? The Legal Aid Fund is demand led but
projected savings have been projected and
revised in light of legislative changes and
trends. |
12.4 If so, what is the maximum allowable
expenditure against the budget data, in each
year, for that saving to be
delivered? N/A |
12.5 If not, how do you propose to
invest the additional cash back into public
services? The savings will be absorbed into the
Legal Aid Fund |
12.6 What plans do you have to exceed the
required saving? Explain by how much in each
year Savings are constantly under review by
SLAB to identify areas for efficiency
savings and other trends influencing and
affecting the demands on the Legal Aid
Budget. |
13. Time - release savings | 13.1 Please explain any time-releasing
savings indicated at question 3. N/A |
13.2 Please describe the method you
plan to use to calculate the cash
equivalent of those time release
savings. N/A |
14. Measurement and
Monitoring | 14.1 How are you proposing to
measure the expected efficiency benefits
(e.g. in terms of costs, level of output or
quality of service)? The expected efficiency benefits will
be calculated in terms of costs only as the
level of output will continue to increase
through demands on the Legal Aid Fund with
no loss in the quality of service provided.
Calculations of the expected efficiency
benefits will fluctuate from time to time
depending on factors such as the
implementation of legislative changes that
can be delayed due to negotiations with a
number of interested parties, the demand on
the Legal Aid Fund, and other legislative
changes requiring the provision of legal
assistance. To measure the expected efficiency
benefits from such savings does require
ongoing monitoring and evaluation. As the
Legal Aid Fund will increase given its
demand led structure, there are
difficulties in measuring the efficiency
benefits. SLAB is currently working on the
development of means to evaluate the levels
of such savings. |
14.2 What monitoring &
reporting procedures will be put in place
to measure the efficiency savings (How
often will progress towards the target be
monitored? Who will have lead
responsibility for reporting progress and
what procedures will be in place?) Internal: - A report is received on performance
and resources by the Executive team of
SLAB on a monthly basis.
- The Board of SLAB receive a report
on performance and resources on a
quarterly basis.
- A Trends report is received
indicating trends of cases and costs
three times a year for assessment by
the Board of SLAB and SE.
- As identified in 14.1, ongoing
discussions are taking place at SLAB
about the identification and
implementation for monitoring systems
to measure the expected efficiency
benefits.
External: - A Vote Monitoring Report is
provided to SE monthly that includes
actual and anticipated expenditure on
the Grant-in-aid and the Legal Aid
Fund.
- Regular meetings with the Head of
Justice SE to discuss the Legal Aid
Fund and forecasting of
expenditure.
- As identified in 14.1, once such a
system has been identified and
implemented, it is expected that
reports emanating from such will be the
subject of regular periodic discussion
and review between SLAB and SE.
Annual Report of SLAB is available
publicly. |
14.3 Monitoring Data: Sources,
validation and risks - What data will be used to
measure progress? Is all the required
information quantifiable and readily
available? If not what action will be
taken to rectify this?
- What measures will be in place
to validate the accuracy of the data.
Who will take responsibility for this?
- Are there any issues or risks
relating to how you plan to use the data?
(e.g. accuracy, difficulties in
collection)
The aim is to restrain growth of the
Legal Aid Fund rather than an overall
reduction in its size. The demands on the
Legal Aid Fund are always changing so that
calculations of efficiency savings can be
made only by reference to trends based on
historic experience and projected for the
future.
The data that forms the basis of these
calculations is maintained by SLAB based on
their calculation of costs in previous
years. It is collected from the case
applications received by SLAB and the costs
paid out in respect of such cases. This
data is assessed to calculate the cost of
the average case in different recurring
categories. Some data can be assessed from
external sources such as the Scottish Court
Service or the Crown Office Procurator
Fiscal Service.
Once trends and costs are determined
for previous years, SLAB provides a
projection of future costs. Factored in
this calculation will be their own
assessment of the likely increase on
applications to the fund and increases in
types of cases.
There are risks that such calculations
are only a projection. External factors
such as new legislation and an increase in
demand in excess of a projection can and
will affect the final savings. Such
calculations are the subject of continual
review and evaluation to allow for
effective planning and identification of
potential savings.
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