Law Society slams LSC over high security hospital legal aid consultation

The Law Society has hit out at the Legal Services Commission over its proposed timetable for a consultation and impact assessment on legal aid contract changes affecting the representation of mental health patients in high security hospitals.

Chancery Lane described the proposed timetable as “unacceptable”, warning that the rights of vulnerable clients could be infringed.

According to the Law Society, the LSC has set out an indicative timetable for the section 49A Disability Discrimination Act consultation as follows:

• beginning of April: the Commission will draft a disability impact assessment
• by the end of April: it will develop any policy changes
• further two months: it will carry out a formal consultation on any contract changes
• by end of June: it will implement changes.

In December 2010 Mr Justice Cranston ruled that there could be no challenge under the general disability equality duty to the process of awarding the contracts for legal advice for mental health patients in high security hospitals, but that duty was engaged because of the outcome of the process.

The fact that many patients may need to switch advisers as a result of the tender may “have an adverse impact on those already vulnerable”, the High Court judge said.

He added that under s. 49A, the LSC must have due regard to whether it needs to take steps to ameliorate that result of the contracting exercise.

Chancery Lane has now warned that “due to the consultation delays, clients will be forced into the very situation that the impact assessment is meant to be considering and potentially preventing”.

The Law Society added that the 2010 contract provided for urgent amendments where required. “If the consultation was carried out urgently, then the changes could be brought in by early April,” it suggested.

A Legal Services Commission spokesman said: "The JR judgement found that the high security hospitals tender was not unlawful, but identified that the LSC must have due regard for the tender's impact.

"We are working hard to ensure that the consultation is carried out properly, taking in the views of patients, a range of hospital staff, legal aid providers and other interested parties. We must also consider very carefully the impact of any potential changes to the contract.

"The timescales we have outlined are the earliest at which we can ensure a proper and meaningful consultation and impact assessment."

Philip Hoult