Legal Services Commission
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The Legal Services Commission (LSC) was an executive
non-departmental public body In the United Kingdom, non-departmental public body (NDPB) is a classification applied by the Cabinet Office, Treasury, the Scottish Government and the Northern Ireland Executive to public sector organisations that have a role in the process o ...
of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
which was responsible for the operational administration of
legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to c ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
between 2000 and 2013.


Overview

The LSC was responsible for a budget of around £2 billion annually, and helping over 2 million people with their legal problems across England and Wales each year. It was established under the Access to Justice Act 1999 and in 2000 replaced the Legal Aid Board (founded 30 June 1949). Sponsored by the Ministry of Justice, the LSC helped to protect the fundamental rights of the individual and addressed problems that contribute to social exclusion. The Chair of the LSC was Sir
Bill Callaghan Sir William Henry Callaghan (born 19 May 1948) is a British trade unionist who is Chairman of the Legal Services Commission, the organisation responsible for administering legal aid. Education Callaghan went to Orange Hill Grammar School and wa ...
and its work was overseen by an independent board of commissioners. The Chief Executive of the LSC was Matthew Coats.


Replacement by Legal Aid Agency

The
Legal Aid, Sentencing and Punishment of Offenders Act 2012 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) is a statute of the Parliament of the United Kingdom enacted by the coalition government of 2010-2015, creating reforms to the justice system. The bill for the act was int ...
made provision for the abolition of the LSC. The LSC was replaced by the Legal Aid Agency, an
executive agency An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or N ...
of the Ministry of Justice, on 1 April 2013. The agency carries out a similar function to the LSC, although executive agency status differs from the LSC's non-departmental public body status. Independence of decision-making within the Legal Aid Agency is through the post of a Director of Legal Aid Casework, who has independence from the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
in applying directions and guidance to any individual funding decision.


Services

The LSC was responsible for the development and administration of two service programmes: * The Civil Legal Service (CLS), which provides services under the Civil Legal Advice (CLA) banner * The
Criminal Defence Service Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to cou ...
(CDS) The CLA aimed to improve access to quality information and help for civil legal problems, in fields such as family, debt and housing law. CLA provides direct legal advice services to the public via it
Community Legal Advice website
and helpline, and also provides advice centre offices for low-income individuals and families, who are referred to participating
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
s and advice agencies that are certified through the CLA's Quality Mark scheme. The CDS provides free legal advice and representation for people facing criminal charges who are unable to pay for legal help. This is supplied through criminal solicitors’ offices and the Public Defender Service.


Legal case: All About Rights Law Practice

In or around 2009 the LSC decided to replace the provision of legal aid through the civil Unified Contract of 2007 by granting contracts to law firms selected through a series of tendering exercises. There were separate exercises in different fields of law, with some 10,000 bids in total across the civil law tender round. The LSC's tendering exercise for the procurement of
mental health Mental health encompasses emotional, psychological, and social well-being, influencing cognition, perception, and behavior. It likewise determines how an individual handles Stress (biology), stress, interpersonal relationships, and decision-maki ...
services in England and Wales took place in 2010. In error, solicitor Mr. Ranjan Nadarajah, in business as "All About Rights Law Practice", submitted a blank document in place of what should have been his completed tender documentation for the provision of publicly funded mental health legal aid work. Mr. Nadarajah argued that his exclusion from the procurement process was "disproportionate and unjustified". In a ruling handed down after the LSC had closed, Mrs Justice Carr found that "AAR was not unlawfully deprived by the LSC of a contract" and that "the LSC's rejection of AAR's bid was not disproportionate, nor did it amount to unequal treatment".


Criticism

In the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
on 20 July 2010 Robert Buckland MP made what the Parliamentary Under-secretary of State for Justice, Jonathan Djanogly, described as "serious accusations of mismanagement".Website of Jonathan Djanogly, MP
/ref>


References


External links


Legal aid on gov.uk websiteLSC at Ministry of Justice websiteLegal aid website for legal aid practitionersLaw Society of England & WalesAccess to Justice Act 1999
{{Authority control English law Legal aid Solicitors Defunct non-departmental public bodies of the United Kingdom government