Audits and Ghost Duty Solicitors – Update for Crime CCCG

Dear all

I am providing this update as agreed at crime CCCG

Feel free to share with your members

Current Position

All new crime providers from 1 April 2017 and new crime offices of existing providers will have been audited by end of September.

There are some issues arising from new providers and new offices but not of a significant volume.

Where contracts are being terminated or a sanction applied, a right of review and appeal to the Contract Review Body exists.

Joint work with LAA and the rep bodies has significantly reduced the ghost duty solicitor issue; we have c 1,000 less duty solicitors than a year ago.

We can both be pleased with what we have achieved but there is more to do.

We have around 200 complaints that some remaining duty solicitors should not be able to meet the contractual requirements.

We have provided no further “clarification” around the 14 hours requirement and nor do we think it is wise to do so.

We have removed some duty solicitors from rotas, recovered monies paid for work while they were on the rota and are taken contract action against a small number of firms.

There are other firms where we are likely to do the same but have not yet done so.

Looking Ahead

A provider can seek a review and then appeal to the Contract Review Body any duty solicitor removed from the rota; money recovered; contract sanction applied including termination.

I intend to publish details, including the provider name, towards the end of the year of any sanction applied or contract terminated once the review and appeal process has concluded.

I also intend to discuss with crime CCCG any details (except the provider name) where LAA applied a sanction and the Contract Review Body over turned our decision.

If any provider feels that LAA action is inappropriate, if a sanction or termination is intended, then the right of review and appeal should be used.

If a firm believes that a contract notice (which is not a sanction and hence does not provide a right of review and appeal) has been issued inappropriately, they can write to their contract manager and head the e mail “complaint”. This will then be reviewed by a senior in the LAA.

John Sirodcar

LAA Head of Contract Management

September 2017