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Edinburgh EH3 7SW
Scottish Legal Aid Board Annual Report 2007-08
If you need legal help,
you need our number
Reporting on a
year of progress
Scottish Legal Aid Board Annual Report
Cert no. TT-COC-002190
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2007-08
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At a glance
We are the Scottish Legal
Aid Board and we run the
Scottish legal aid system.
We make sure it runs smoothly
and delivers the help people need.
Where it is not doing that as well as
it could, we look for ways of making
it work better.
Where new types of problem emerge,
we advise Government on how to make
sure the legal aid system addresses
them. We also ensure good value for
money, so that as many people as
possible can get the help they need,
at a cost the taxpayer can afford.
Our vision is to provide access
to justice for those eligible and in
need of it, in a cost-effective manner.
Key facts and figures
• Grants of legal assistance
were down 12% on 20062007, to a total of 359,354.
• Legal aid cost the taxpayer
£155.1 million, up 3% on
2006-2007. This was mainly
due to the increased
number of grants of key
types of legal aid made
in 2006-2007.
• Solicitors (including solicitor
advocates) were paid £129
million, up 3.5%. Advocates
were paid £18.9 million,
up 5%.
Providing value for money
• The legal aid ‘efficient
government’ programme
resulted in recurring
savings of £12.2 million
in 2007-2008.
• Bureaucracy has been
reduced through; more use
of ‘templates’ in advice and
assistance, early measures
towards simplification of
civil legal assistance and
major growth in the use
of ‘Legal Aid Online’.
• The Board saved the
taxpayer many millions
of pounds by rigorously
determining applications
for legal aid, controlling
use of counsel and experts
and scrutinising accounts.
• The Board’s work to detect
and prevent fraud and
abuse saved an estimated
further £2 million.
• We met all of our headline
performance indicators
while making targets
tougher and reducing
the time it takes us to
do our job.
A year of change
• We implemented significant
reforms of civil advice and
assistance in May 2007.
• We consulted on the
most significant changes
to summary criminal legal
assistance in a generation,
worked with the profession
and other justice system
agencies to develop a final
scheme and put in place
plans for its implementation.
• We opened three new Public
Defence Solicitors’ Offices,
in Dundee, Falkirk and Ayr,
taking the total to seven.
SG/2008/146. Laid before the Scottish Parliament by the Scottish
Ministers in pursuance of section 5(7)(a) of the Legal Aid (Scotland)
Act 1986 and section 22(5) of the Public Finance and Accountability
(Scotland) Act 2000, December 2008.
Ensuring access to justice
• We closely monitored
supply of legally aided
services to identify any
gaps across the country.
• We opened a new civil
legal assistance office
in Inverness to make sure
people across the Highlands
and Islands could access
a solicitor to handle
civil cases.
• We reviewed our
programme of Part V
projects and developed
proposals for the next
phase of this strategic
and innovative work.
Working with
the profession
• We worked with the
profession to develop
a new fee structure for
solemn criminal legal aid,
to be accompanied by a
substantial fee increase.
• We submitted proposals
to Government for changes
to civil fees, including an
increase in the basic rate
and new provisions to
make the fee structure
more flexible.
• We began a pilot exercise
to help solicitors identify
inefficiencies in their own
operation of the legal
aid system with a view
to helping them become
more efficient and profitable.
• We commissioned research
to inform our approach to
ensuring a sufficient flow
of new solicitors into legal
aid work and worked with
the Law Society to provide
training for this group.
introduction
Scottish Legal Aid Board Annual Report 2007-08
1
Introduction
02–07
Legal aid is important ............................................................................... 02
Our vision ................................................................................................. 04
Chairman’s introduction............................................................................ 06
Introduction
Year in review
08–27
Chief Executive’s report ............................................................................ 08
Public Defence Solicitors’ Office (PDSO) .................................................... 22
Corporate developments ........................................................................... 24
Year in review
Facts and figures
28–47
Our performance . ..................................................................................... 28
Facts and figures overview ........................................................................ 30
Civil legal assistance ................................................................................ 34
Criminal legal assistance .......................................................................... 40
Children’s and contempt legal assistance .................................................. 44
Board Members and Executive Team ......................................................... 46
Facts and figures
Statistical tables
48–85
Key statistics 1998-2008 . ......................................................................... 50
Our performance . ..................................................................................... 54
Civil legal assistance ................................................................................ 60
Criminal legal assistance .......................................................................... 69
Children’s legal assistance ....................................................................... 78
Contempt of court ..................................................................................... 80
Analysis of payments ................................................................................ 81
PDSO, the Public Defence Solicitors’ Office ............................................... 83
Other information ..................................................................................... 84
Statistical tables
Statement of accounts
86–125
Table of contents for Statement of accounts .............................................. 87
Statement of accounts
About us
126–128
About the Board ...................................................................................... 126
About legal aid ....................................................................................... 128
About us
introduction
Scottish Legal Aid Board Annual Report 2007-08
2
Introduction
Legal aid is important
Without it, many people
would not be able to get
the legal help and advice
they need. This can mean the
difference between someone:
• ensuring future financial
security when their family
breaks down, or slipping
into poverty
• being able to sustain strong
relationships between
children and their parents,
or a family drifting apart
• making them and their
family safe, or continuing
to live with domestic abuse
• agreeing time to pay
back rent arrears, or losing
their home
• keeping their job, or being
unfairly dismissed
• being acquitted, or being
convicted of a crime they
didn’t commit
• getting the benefits they
are entitled to, or struggling
to make ends meet
• forcing a landlord to
repair a leaking roof, or
bringing up their children
in unfit housing
• being compensated for the
costs of care or lost income
after an accident, or letting
that accident ruin their
life forever
• making sure the state does
what it is supposed to, or
letting it break its own rules
• getting the care they
need to help them live
with mental illness,
or getting lost in a system
they don’t understand
• escaping torture or
persecution in a war zone,
or being denied asylum
and deported.
In all of these situations,
legal aid helps ensure that
justice is done and that
people are treated fairly.
Legal aid helps people deal
with complex and unfamiliar
legal situations and helps
prevent them losing out just
because they can’t resolve
on their own, some of the
problems life throws
at them.
The consequences of not
sorting out these problems
can be far-reaching, both
for the person concerned
and society as a whole.
Research clearly shows that
one problem leads to another
and that if not dealt with early,
a single problem with a simple
solution can turn into a far
more serious and complicated
crisis with no easy way out.
Legal aid helps stop
this happening.
introduction
Scottish Legal Aid Board Annual Report 2007-08
3
Introduction
Year in review
Facts and figures
Statistical tables
Statement of accounts
About us
introduction
Scottish Legal Aid Board Annual Report 2007-08
4
Introduction
Our vision
To provide access to
justice for those eligible
and in need of it, in a cost
effective manner.
Strategic Aims
• to deliver efficient,
effective and value
for money legal
assistance services
• to broaden access by
exploring new ways of
providing and supporting
quality assured legal
advice services
• to contribute to the
improvement and
effective operation
of the justice system.
Corporate Aims
• to achieve consistent, timely • to improve the effectiveness
of the delivery of our service
and sound decision making
while achieving a reasonable
at all stages of an application
balance between cost
for legal assistance
and quality
• to achieve consistent, timely
and sound decision making • to communicate effectively
with applicants, opponents,
at all stages of assessing
their advisers and other
and paying accounts
stakeholders in a clear,
concise, timely, informative
• to achieve effective financial
and pro-active manner
management of the Legal
Aid Fund
• to provide sound advice
to Scottish Ministers and
the Scottish Parliament
on the current operation
and development of the
provision of legal aid.
introduction
Scottish Legal Aid Board Annual Report 2007-08
5
Introduction
Year in review
Facts and figures
Statistical tables
Statement of accounts
About us
introduction
Scottish Legal Aid Board Annual Report 2007-08
6
Chairman’s
introduction
Legal aid makes a difference
to the lives of many people
in Scotland. This can range
from legal advice on a debt
matter through to major
civil or criminal cases in the
highest courts in the land.
As well as providing this
important help to people
who cannot otherwise afford
to fund their case the Board
also tries to get the best
value for the substantial
funds spent on legal aid.
Our activities in assessing
legal aid applications or
examining solicitor and
advocate accounts, and our
activities in minimising fraud
and abuse of legal aid, save
the taxpayer many millions
of pounds each year.
2007-2008 was particularly
challenging for those players
involved in the reform of
summary justice. The Board
was heavily engaged in
this. The main reforms were
introduced in March 2008.
We, jointly with the Scottish
Government, conducted
a major consultation on the
reform of summary criminal
legal assistance and worked
closely with the Law Society
and others to develop the
legal aid proposals which,
following regulations, were
introduced in June 2008.
introduction
Scottish Legal Aid Board Annual Report 2007-08
7
Introduction
Looking ahead, the Board believes that more
can be done to further increase value for money
in legal aid, to provide better access to justice
for people who need it and to better align
the important services we support with the
Government’s key outcomes for Scotland.
About us
Iain A Robertson CBE
Chairman
Statement of accounts
We look forward to another
year of change and progress,
secure in the knowledge that
we have the right partners and
staff to deliver increasingly
good results.
Statistical tables
Looking ahead, the Board
believes that more can be
done to further increase
value for money in legal aid,
to provide better access to
justice for people who need
it and to better align the
important services we
support with the
Government’s key
outcomes for Scotland.
This will take legislative
The Board recognises the need or regulatory change
to conserve public funds. We
and we will work with the
are doing everything we can
Scottish Government to
to minimise the cost of our
help achieve these changes
administration. Over half of
subject to decisions by
advice and assistance cases
Scottish Ministers.
are now dealt with online
helping to reduce our and
solicitors’ costs.
The pace and value of
reform and change in legal
aid is substantial and we
are grateful for the support
of the sponsor team at the
Scottish Government. I wish
also to thank my fellow Board
Members for their sterling
efforts, in particular Willie
Gallagher who retired from
the Board at the end of his
second term. I also wish
to place on record my thanks
and appreciation to the staff
of the Board, ably led by
Lindsay Montgomery our
Chief Executive for their
commitment and hard
work during this
challenging period.
Facts and figures
The Board opened three new
Public Defence Solicitors
Offices around the country.
We also opened an office
in Inverness providing civil
legal assistance to people
in the Highlands and Islands
in partnership with private
sector solicitors and the
advice sector. This new
office is a pro-active response
by the Scottish Government
and the Board to possible
gaps in the supply of civil
legal aid practitioners in
these areas of Scotland.
We are endeavouring to
further reduce our staff
numbers and make savings
on our accommodation costs.
These savings will help us
manage within our flatlined
Grant-in-Aid budget set by
the Scottish Government for
the next three years and help
us invest in new and better
systems and processes to
make legal aid work as well
as possible.
Year in review
The year also saw the
successful implementation
of the reform of civil legal
assistance and substantial
progress on our project
to simplify civil legal aid
which will be launched
later in 2008-09.
Year in review
Scottish Legal Aid Board Annual Report 2007-08
8
Chief Executive’s
report
The Board has clear goals
and plans to help us turn our
vision into reality. We work in
partnership with the Scottish
Government and others to
deliver these plans.
ver the past year we have
O
made significant progress.
Our report sets out some of
the main ways we have done
this over the last year and
how this sets the scene for
an exciting and challenging
year ahead.
Legal aid 2007-08 –
the key facts and figures
Grants of legal assistance
There were 359,354 grants
of legal assistance in
2007-08, a reduction of 12%.
Criminal legal assistance
grants fell by 11% to 249,300.
The overall fall in criminal
legal assistance (29,260) was
bigger than the overall fall in
civil legal assistance (18,629).
Most of the fall came in
criminal advice and assistance
(including ABWOR), which
fell by 15% to 122,075.
Some of this change flowed
from a fall in criminal cases
going through the courts,
which was also reflected
in a reduction in grants of
criminal legal aid. Solemn
grants (made by the courts
in the most serious cases) fell
by 8% to 12,782 (only partly
reversing the 18% rise seen
the previous year). Summary
grants fell by 9% to 75,582.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
9
Introduction
The gross cost of civil legal
aid was more than ever
before, up 5% or £1.7 million
to £33.1 million. Most of this
increase was linked to a rise
in the number of sheriff court
cases granted the previous
year and an increase in the
number and average cost of
cases in the Court of Session.
The total cost of children’s
legal assistance rose by
2% to £4.5 million, of which
£4.1 million was spent on
children’s legal aid, up
3% on the previous year.
This increase was due to
a 6% rise in the number of
cases paid; the average case
cost fell by 3% to £1,092.
The increase in cases paid
was a result of the increase
in cases granted the
previous year.
We expect expenditure to fall in the coming year
as a result of the reduction in grants in all major
areas of legal aid during 2007-08.
About us
The total cost of criminal legal
assistance was £110.5 million,
almost £4 million, or 4%,
more than the year before,
£8 million more than five
years ago and almost
£25 million more than ten
years ago. Again, much of this
long-term increase stems from
more cases going through
the courts, with a particularly
large increase in more serious
cases granted legal aid in the
last two years. The average
serious criminal case also
costs more than in the past.
The costs of civil advice
and assistance were virtually
unchanged and are now
around 10% lower than five
years ago at £19.2 million.
This was despite a 37%
increase in the cost of civil
ABWOR to £2.6 million,
largely as a result of the
increased number and cost
of mental health cases.
We recovered £12.8 million
in 2007-08, 39% of the gross
cost. Expenses made up
81% of this total. This meant
that while the net cost of civil
legal assistance (including
the cost of employed
solicitors) was 2% higher
than the previous year at
£39.8 million, it was slightly
lower than five years ago and
almost £1.5 million lower than
ten years ago.
Statement of accounts
In both civil and criminal
advice and assistance,
we also asked solicitors to
provide better information
on how they had checked
applicants for advice and
assistance were eligible
financially. These two
changes help explain some
of the reduction in grants
of advice and assistance.
Overall payments to solicitors
(including solicitor advocates)
went up by 3.5% or
£4.4 million, to £129 million.
Payments to advocates went
up by 5% or almost £1 million,
to £18.9 million.
We recover some costs in
civil legal aid cases. These
are made up of contributions
paid by assisted people
towards the cost of their case,
sums recovered from money
or property won or kept
as a result of the case or
expenses paid by opponents
when the assisted person
wins their case.
Statistical tables
Part of this was a result
of the reform of civil advice
and assistance in May 2007,
which aimed to improve value
for taxpayers by ensuring
solicitors gave advice only
on matters where they,
as solicitors, were best
placed to do so.
Expenditure
Legal aid cost the taxpayer
£155.1 million in 2007-08 –
an increase of 3%, or £4.9
million, on the year before.
This is the highest ever level
of legal aid spending, largely
as a result of the increases
in applications and grants
in the main types of legal
aid the previous year.
The total gross cost of
civil legal assistance was
up £1.9 million compared
to 2006-07, to £52.6 million.
£0.27 million of this increase
represents the cost of
solicitors employed by the
Board to provide civil legal
assistance. The role of these
solicitors is described
on page 16. The costs
of employing them were
previously counted as part
of the Board’s running costs,
but this was changed by new
legislation commenced in
mid-2007.
Facts and figures
The biggest changes in both
civil and criminal however
were in advice and assistance,
which the solicitor, rather than
the Board, grants.
There were 8,884 grants
for children’s legal assistance,
a fall of 14% reversing the rise
of 7% the previous year.
Year in review
Civil legal assistance grants
fell by 16% to 100,664. Of
these, 90,014 were grants
of civil advice and assistance
(including assistance by way
of representation, or ABWOR),
down 17% on the previous
year. Civil legal aid grants
fell by 6% to 10,650, reversing
the increase seen the previous
year but broadly in line with
the overall long-term
downward trend.
Year in review
Scottish Legal Aid Board Annual Report 2007-08
10
Chief Executive’s
report
Providing value for money
Despite costing more in
2007-08 than in any previous
year, the total cost of legal
aid was less than it would
have been if changes had
not been made over recent
years to make legal aid
more efficient.
Efficient government
With the Scottish Government
we have been working to
achieve “efficient
government” savings by
changing what work is paid
for under legal aid. This
includes changes made as
part of the civil advice and
assistance reforms, High
Court reforms, amendments
to fixed payments for
summary criminal cases and
various changes to the Legal
Aid (Scotland) Act 1986 and
associated regulations.
These measures, taken
together, gave the Legal
Aid Fund recurring savings
of £5.7 million in 2005-06,
growing to £12.2 million
in 2007-08. This means
taxpayers are getting
better value for money.
We work constantly to identify
measures that could result in
further significant efficiency
savings. As part of the
Government’s continuing
drive for further efficiencies
in public expenditure, we
expect Ministers to decide
on further measures to be
adopted over coming years
which will increase value
for money for the taxpayer.
Controlling the cost
of legal aid
Alongside looking for ways
to make the legal aid system
more efficient, a major part
of the Board’s job is to apply
the rules that Parliament sets
for legal aid. This means we
check rigorously that
applicants for legal aid qualify
financially, we only fund cases
where it is reasonable and
lawyers charge properly for
the work they do and which
falls within the regulations.
How we do this is a very
important control on the cost
of legal aid to the taxpayer.
Our job is to properly apply
the tests and ensure that
those who have legitimate
cases receive the support they
need. Without our assessment
of applicants’ financial
eligibility and the merits of
their cases, many more grants
of legal aid would be made,
at great additional cost.
We believe that these
additional cases would not
represent value for money
either for the taxpayer or
for the individuals concerned
as they will often have little
prospect of success.
Once legal aid is granted,
the Board still has a role
in controlling the running
of cases to ensure that any
costs are necessary and
remain proportionate to
the issue at stake. In advice
and assistance, the Board
authorises solicitors taking
additional steps, but we will
not do so if we do not believe
these steps to be worthwhile.
We are also often asked to
fund the cost of expert reports
in civil and criminal cases.
We grant the vast majority
of these requests but try to
ensure that costs are kept
within reasonable bounds.
For example, it may be that
the request for counsel is not
prompted by the complexity of
the case, but by the solicitor’s
need to manage their own
time between several cases.
We do not believe that this is
a legitimate reason for extra
public spending, and so will
refuse such requests.
These and other controls
result in significant savings
to the taxpayer. For example,
in 2007-08, we refused to
pay around £5 million claimed
by solicitors and advocates
because we did not believe
that it represented work
that met our tests for public
expenditure: that it had
been carried out reasonably,
necessarily and with due
regard to economy.
Minimising fraud and abuse
Our investigations into fraud
and abuse also pay for
themselves many times over.
In the last year, we have acted
Our decisions are sometimes
unpopular: for example, where against several solicitors
we refuse to allow counsel (an for abuses ranging from
advocate or solicitor advocate) exaggerated claims for travel
or charging for work carried
to act in a case. This is often
out by unqualified staff at
because we do not believe
solicitor rates, to false claims
the sometimes considerable
for attending court or tribunal
cost of counsel can be
hearings and fictitious
justified in the particular
meetings with clients.
circumstances of the case.
We are sometimes asked
to authorise work we
believe solicitors could
do themselves.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
11
Introduction
•Mr D told us that his only source of income was
benefit. Our enquiries revealed that he was living
with a partner who was employed and whose
income should have been declared to the Board.
He was found guilty of fraud and fined £200.
All three now have criminal records.
Statement of accounts
Without the work the
Board does in assessing
applications, scrutinising
accounts and investigating
fraud and abuse, the cost
of legal aid to the taxpayer
would have been very much
higher than it was.
•Mr G told us he was only earning £67 a week –
this was on the advice of a “friend” who told him
that this would mean that he would get legal aid.
Our enquiries revealed his net earnings were
£211 a week. He was found guilty of fraud, fined
£100 and ordered to repay us his legal costs.
Statistical tables
As well as our routine
assessment of applicants’
financial circumstances,
we refused legal aid in 80
cases that involved a formal
investigation of applicants’
resources. Where legal aid
had already been granted,
subsequent investigations
in around 220 cases led to
us withdrawing legal aid
and recovering or preventing
losses of almost £1 million.
•Mr A failed to tell us of his interest in two
properties other than his main residence.
He was found guilty of fraud and ordered to
complete 250 hours of community service.
Facts and figures
This includes £812,000
recovered in the most serious
fraud ever uncovered by the
Board, in which a solicitor
specialising in cases involving
children defrauded the Legal
Aid Fund over several years.
The balance of £1 million
was recovered by the
Civil Recovery Unit of
the Crown Office.
In some cases, this was
because the applicant failed
to tell us about an important
change in their financial
circumstances, but in others
we found the information
they gave us at the outset
was false or incomplete.
Applicants have omitted
to tell us about resources
ranging from thousands of
pounds in undeclared bank
accounts to ownership
of a string of buy-to-let
properties. In the most
serious cases, we report those
concerned to the procurator
fiscal. In 2007-08, we made
44 such reports. In cases that
have concluded, convictions
for fraud were obtained and
fines imposed: in addition,
the applicants have had to
repay to the Board the cost
of their legal aid.
Year in review
This action results in us
recovering significant sums
from such solicitors, as
well as ending activity that
would otherwise continue
unchecked. In total, the value
of money recovered and future
losses prevented came to
an estimated £2 million.
About us
Year in review
Scottish Legal Aid Board Annual Report 2007-08
12
Chief Executive’s
report
Improving efficiency,
cutting bureaucracy
Delivering high
levels of service
The Board has always set
itself challenging performance
targets. We believe that this
is an important way of
ensuring that we deliver
the best service we can
to applicants, opponents,
the legal profession and
others who need us to
take decisions quickly
and consistently.
For 2007-08, we met or
performed better than all our
headline performance targets.
These headline targets relate
to each broad area of the
Board’s activity, combining
performance on our accuracy
and timeliness measures.
During 2007-2008, we
published the results of
our survey of civil legal aid
applicants and opponents.
The survey revealed a high
level of satisfaction with
the service provided by the
Board: almost 80% agreed
that the time taken by the
Board to deal with an
application was reasonable.
Since the survey was carried
out, we have reduced these
times considerably.
The hard work and
commitment of staff has
resulted in another year
of good performance against
tough targets and a high level
of service being provided to
our customers.
You can find out more about
the Board’s performance on
page 28.
Reducing bureaucracy
To do our job, we need
information from people
applying for legal aid and
from solicitors and advocates
asking us to pay for the work
they do. This inevitably means
some bureaucracy.
We try to keep this to the
minimum that enables us
to satisfy ourselves that
taxpayers’ money is being
spent properly.
During 2008, we made
a number of changes to
reduce bureaucracy and
increase efficiency. By making
the legal aid process simpler,
we help the system work
better and reduce the costs
to the taxpayer.
In advice and assistance,
we expanded the ‘template’
system that means solicitors
have to ask us less often for
permission to do particular
pieces of work. This has made
dealing with the case simpler
for the solicitor and the Board
– and lets the solicitor get on
with providing legal help for
their client.
In civil legal aid, we reduced
the number of questions that
solicitors needed to answer
when making applications.
We also reduced the number
of supporting documents
in some types of case.
These were the first steps
towards simplification of
the civil legal assistance
system. This is a major
project that we have been
running throughout 2007-08.
Following consultation with
the profession, we have
developed new forms that
reduce substantially the
amount of information
we need from solicitors.
The new forms, along with new
computer systems, including
the ability for solicitors to
submit applications online,
will be launched in
early 2009.
Legal Aid Online
Our Legal Aid Online system
increasingly enables solicitors
to send us applications and
accounts through the internet.
It saves time, improves firms’
cash flow, and allows firms to
be more efficient and provide
a better service for clients.
Use of the system really took
off in 2007-08.
With reforms to civil advice
and assistance made in May
2007, we saw many solicitors
make a significant move from
paper applications to online.
By March 2008, over 300
firms were using the online
system and over half of civil
advice and assistance was
being processed online,
with significant increases
in use across all types of
advice and assistance.
With reforms to summary
criminal legal assistance
and further refinements of the
system over the coming year,
we expect 75% of advice and
assistance business to be
online by the end of 2008-09.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
13
Introduction
Better systems, including
document management
and case management
systems and the online
system, enable us to do
our job more efficiently and
with fewer staff, particularly
in administrative roles. They
also enable us to reduce the
paper we use internally and
the cost and amount of paper
posted to solicitors. This
makes good environmental
as well as financial sense.
•better systems, smarter use of resources and
improved procurement will all help to lower costs.
About us
For example, we are
making smarter use of our
office building, reducing the
space we use and lowering
costs. We have also used
our purchasing power
to secure better value
for postage, meaning
significant cash savings.
•there will be no increase to the Board’s budget
for running costs over the next three years
Statement of accounts
In line with Government
initiatives on better asset
management, shared services
and procurement, we are
also either already making
savings or putting in place
processes to deliver savings
in future years.
Statistical tables
We also continued to invest
in major changes to computer
systems and other processes
to reduce bureaucracy for
solicitors and increase the
Board’s efficiency. This is
a crucial area for the Board
as there will be no increase
in our budget for running costs
Efficiency and Costs
Facts and figures
Administration costs
The Board’s running costs
increased by 3% compared
to 2006-07, to £13.2 million.
This increase reflects a
broader range of functions
for the Board, as well
as investment in systems
and activity that will deliver
savings in future years.
For example, we invested
further in work to control legal
aid costs and minimise fraud
and abuse, including a new
Accounts Verification Unit
which seeks to ensure that
the charges submitted
by solicitors are valid.
over the next three
years. This means that
any inflationary pressures,
including pay increases
for staff, will have to be
financed through savings
we can make within our
own running costs.
Year in review
2008-09 will also see us
further expanding the range
of work that can be processed
online. Again, following the
reform of summary criminal
legal assistance, we will be
offering summary criminal
legal aid online, to be followed
by solemn criminal legal aid
and children’s legal aid. As
part of the simplification of
civil legal assistance, we will
also be rolling out civil legal
aid online in early 2009.
Year in review
Scottish Legal Aid Board Annual Report 2007-08
14
Chief Executive’s
report
Legal aid is changing
Last year saw major
changes to important parts
of the legal aid system.
Advice and assistance in civil
cases was reformed to ensure
better value for money while
retaining access to important
early advice from solicitors.
Summary justice and criminal
legal assistance reform
The Board was also heavily
involved in the programme
to deliver the most significant
reforms to the summary
criminal justice system for
a generation. These reforms
encompass changes involving
several justice system
agencies, including the police,
Scottish Court Service and
Crown Office and Procurator
Fiscal Service.
The reforms as a whole bring
changes to the way the police
and prosecution deal with less
serious cases, with a new
range of ‘direct measures’
available as more
proportionate alternatives
to prosecution. The reforms
also aim to deal with more
cases at an earlier stage
in summary proceedings,
to help resolve cases as
early as possible, rather
than at the last minute.
The criminal justice system
is complex, with many
different factors influencing
decisions and behaviour.
However, a major plank of
the reforms is based on
evidence that there would
be fewer late changes of plea
if there was earlier ‘disclosure’
of Crown evidence to defence
solicitors, with early
consideration by solicitors
of that evidence and
investigation of any defence.
The evidence also suggested
that the existing legal aid
arrangements did little to
support this, as there were
limited defence resources
to investigate and negotiate
with the prosecution at the
earliest stage.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
15
Introduction
Statement of accounts
In the coming year the Board
will work further with others
across Government, the
justice system, the wider
public sector, the private and
third sectors so that we and
legal aid itself can contribute
effectively to achieving the
Government’s key outcomes.
Statistical tables
The reforms themselves
also recognise the important
role that the structure and
operation of legal aid can
have on achieving other public
policy goals. Summary justice
reform and summary criminal
legal assistance reform
complement each other and
show the potential of ‘whole
systems’ approaches to policy
development for the delivery
of clearly specified outcomes.
Implementing the reforms
was a huge challenge for the
Board. The final proposals
were not agreed until
mid-March, with an
implementation date of
30 June 2008. While much
had been done to prepare,
it was not until the final
agreement of the proposals
that the Board could finalise
specification for new forms,
processes and computer
systems to support them.
The Board also needed to
train its own staff on the new
system and communicate the
changes to the profession.
It is testament to the skill and
dedication of the Board’s staff
that the new system went live
on time, with a minimum of
disruption to the operation
of the criminal legal aid
or wider justice systems.
Facts and figures
About us
The proposals have been
controversial in some parts
of the legal profession. The
summary justice reforms,
if they result in fewer cases
going through the courts,
are likely to reduce legal
aid spending, and therefore
income for solicitors.
However, the legal aid
changes have substantially
increased payment for many
cases; without the legal aid
changes, the changes to
the rest of the justice system
would have resulted in a larger
reduction in spending and
a greater drop in income
for the profession.
The whole reform process
has been an excellent example
of what can be achieved when
agencies across the public
sector work together with
a common goal, in this case
creating a more efficient and
effective summary justice
system. It is also an example
of the contribution the Board
can make to developments
elsewhere in the justice
system, as the Board is
uniquely placed to see
the justice system from
a different angle.
Year in review
In 2007, the Board and
Government consulted
jointly on proposals to reform
the summary criminal legal
assistance system to better
fit with a reformed summary
justice system. This was
a very intensive and
constructive consultation,
resulting in significant
changes to the proposals.
The final scheme was
implemented in summer
2008. It increases the amount
solicitors are paid where their
client considers pleading
guilty, to ensure they can
investigate the case and
advise the client at that
stage about the plea.
Year in review
Scottish Legal Aid Board Annual Report 2007-08
16
Chief Executive’s
report
Helping people access
justice across local
communities
Legal aid is a highly
valued service: our survey
of applicants, published
in 2007-08, suggested
that 88% of applicants
would recommend that
a friend seek legal aid if
they needed it. The service
they received was also highly
regarded, with 82% and
78% saying that they were
very or fairly satisfied with
the service they received
from the Board and their
solicitor respectively.
With 359,354 grants of legal
assistance last year, legal aid
also helps very many people
across Scotland.
Supply of services
Although we continue
to have concerns about
possible availability of legal
aid solicitors in some areas,
or for some types of case –
which could result in some
people being unable to
access justice – there are not
widespread problems as has
sometimes been portrayed.
New civil legal
assistance office
Despite this generally good
spread of service provision,
there are some parts of the
country where it can be
difficult to get a solicitor
when they are needed,
or for particular types
of case.
The Board’s monitoring of
supply suggested problems
could be particularly acute
over a wide area of the
Highlands and Islands.
Working in partnership with
solicitors in private practice
and voluntary sector advice
providers such as Citizens
Advice Bureaux and Women’s
In 2007-08, almost 700 outlets Aid, we developed proposals
(firms, or branches of firms)
for an office to provide a civil
applied at least once for civil
legal assistance service,
legal aid and over 800 outlets staffed by solicitors
made at least one grant of
employed by the Board.
civil advice and assistance.
Although most of these
outlets are clustered around
the areas with the highest
population, there are active
outlets from Stranraer to
Lerwick, Hawick to Stornoway.
A widespread and committed
network of solicitors continues
to work in legal aid cases,
both civil and criminal. Most
communities have access to
local solicitors – and in some
areas firms are doing more
legal aid work than before.
We were delighted that the
Cabinet Secretary for Justice,
Kenny MacAskill, supported
this idea, and the office
opened in Inverness in
February 2008. The office
has had an immediate impact,
with advice agencies and
other solicitors alike referring
clients. The office has also
referred many cases to private
solicitors, ensuring it adds to
the service available in the
area rather than replacing
work other solicitors are
willing and able to do.
The early success of the
Inverness-based office clearly
confirms there was an unmet
need in this area and that
it is possible to work in
partnership to do more
to meet this need.
We continue to monitor
levels of supply across the
country and will make further
recommendations to Ministers
if we believe that similar
interventions may be
necessary elsewhere.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
17
Introduction
Statement of accounts
The Edinburgh and Inverness
teams will support each other.
The final part of this small
network of services is our
solicitor in Lochgilphead,
doing generalist casework
across Argyll and Bute. This
service builds on the success
of our previous Part V project
in the area, run with Argyll and
Bute Council and the Argyll
and Bute Advice Network.
Statistical tables
We reviewed the lessons
from the most recent
projects towards the end
of 2007. We concluded that
each had made a significant
contribution either to access
to justice in their local areas,
or to our understanding
of how people seek advice
or other advice services
interact with those provided
by solicitors under legal aid.
To this end we developed
proposals during 2007-08
for a team of three solicitors,
to be based in Edinburgh,
to develop and deliver
services in two inter-related
areas. The first will see the
team working with other
agencies to address the civil
advice needs of prisoners
and their families across
the Lothians. Partners
in this work include the
Scottish Prison Service,
Families Outside and
Citizens Advice Bureaux.
The other area of work
for the new team focuses
on mental health. The team
will be focusing on how the
legal advice sector can work
alongside other advisers
and the Mental Health
Tribunal system, to make
each part of this complex
and costly landscape work
more effectively to ensure
the protection of this
vulnerable client group.
Again, the team will be
working in partnership
with other agencies to
seek to achieve this.
Facts and figures
These Part V projects
(so-called because they
are run under Part V of our
legislation) have delivered
services to vulnerable clients
claiming asylum, young
people with housing
problems, clients with
mental health problems
and disabled clients.
We decided that the best
way to ensure our employed
solicitors’ services were
well focused was for them
to work together as part of
a team, responding to specific
issues we identified, including
working in partnership with
other agencies.
Year in review
Further development
of “Part V” projects
In addition to the casework
service of the Civil Legal
Assistance Office in Inverness,
the Board has over recent
years employed solicitors in
innovative projects designed
to improve the availability of
services in specific parts of
the country or areas of law.
About us
Year in review
Scottish Legal Aid Board Annual Report 2007-08
18
Chief Executive’s
report
Working with
the legal profession
Solicitors and advocates
deliver the services that
legal aid funds. Without them,
there would be no service.
As at 31 March 2008,
there were:
• 582 firms registered
to offer criminal legal
assistance, 2% fewer
than the previous year
• 1,400 solicitors registered
to provide criminal legal
assistance, 4% fewer than
the previous year
• 650 firms registered to
provide civil legal assistance,
4% fewer than the previous
year (individual solicitors
are not registered to provide
civil legal assistance, only
their firm).
The Board works in
partnership with the
profession to try to ensure
that the system offers fair
reward for good quality work
and is as easy as possible
for them to operate.
We recognise that our
interests will not always be
the same. In particular, the
Board has a responsibility
to ensure that legal aid offers
good value for money to the
taxpayer. We do this by
controlling access to legal aid
and by scrutinising accounts
submitted by solicitors and
advocates. By working
collaboratively wherever
possible, we seek to reduce
the inevitable tensions that
these differences in
perspective can bring.
The Board does not set
fee rates; the Scottish
Government does, subject
to approval by the Scottish
Parliament. The Board
provides advice to the
Government on fees
issues however.
We have for some time been
working with the profession
to review the structure and
level of fees in the most
serious criminal cases,
known as solemn criminal
legal aid. During 2007-08,
we agreed a revised structure,
replacing some detailed
charges with ‘blocks’.
Scottish Ministers also
announced a significant
increase in the level of fees
payable in these cases.
In 2007, we also conducted
a review of fees for civil legal
aid. This followed a major
reform of civil fees in 2003
and subsequent amendments.
Under the review we analysed
case files to see whether the
new block fee structure was
operating as anticipated.
We also worked closely with
the Family Law Association
to address concerns that
the block structure was
not sufficiently flexible in
particularly complex family
law cases. We worked too
with Shelter Scotland to
review the structure of the
summary cause table of fees.
This applies to low value
cases and certain others,
such as housing repossession
cases, and had not been
reviewed for many years.
Following this review
of civil legal aid fees, we
submitted proposals to
Ministers in early 2008.
We were delighted that
Ministers agreed the
proposals and in May
announced:
• An increase in the value of
the unit on which the block
fees are based from the
current £19 to £21. This
reflects inflation since the
introduction of the block
fee system in 2003.
• A comparable increase for
the detailed fees for work
not covered by the block
fee system.
• The introduction of
exceptional arrangements
to enable solicitors to be
paid on a detailed rather
than a block basis for
certain types of family
law cases which, because
of the volume or complexity
of the work, would not
be adequately paid under
the block arrangements.
• Increased flexibility in
the criteria for a solicitor
to apply to the Board for
an additional fee or uplift.
• Modernisation of the table
of fees for summary cause
actions, to better reflect
current court rules, and
an increase to the value
of the fees.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
19
Introduction
We have made simplification
and supplier support a high
priority, so if solicitors
address the issues we have
identified, the legal aid
system should become
less bureaucratic and
more profitable for them.
Statistical tables
This additional support
is in addition to the
substantial amount of work
we do on an ongoing basis
with the profession, through
the legal aid handbook,
mailshots and training
seminars, to equip them
to advise their clients and
run their businesses in
the most effective ways.
Statement of accounts
About us
As part of the pilot,
we are providing firms
with information about
their interactions with
the Board including:
the number of applications
we have to return as
incomplete; the quality
of information provided
on forms; examples
of guidance not being
followed; firms not
using processes
designed to reduce
bureaucracy; timescales
not being observed.
In providing this information
we aim to help firms identify
how they can improve the
efficiency and effectiveness
of their operation of the
legal aid system. We will also
provide guidance and training
for them where this would
be helpful.
Facts and figures
We have also been
working with the profession
to develop our proposals
to simplify the civil legal
assistance system. Alongside
new forms and processes,
we are currently piloting a
‘supplier support’ service.
Year in review
The changes will require
regulations to be brought
into effect by the Scottish
Government. The process
of developing the proposals
and the proposals themselves
benefited greatly from the
involvement of the profession
and we hope to undertake
similar future exercises
in the same way.
The Board works in
partnership
with the profession to try and ensure that the
system offers fair reward for good quality work
Year in review
Scottish Legal Aid Board Annual Report 2007-08
20
Chief Executive’s
report
Looking to the future
The Board is not only
concerned to ensure that
there are sufficient services
available now, but that the
legal aid system supports
and can continue to rely
on a sustainable network
of provision.
The Board has been
concerned for some
time that the extent of any
current supply issues have
been much exaggerated.
This has been especially
true in much of the press
coverage about summary
criminal legal assistance
reform over the last year.
The Board’s own data
suggest strongly that, for
criminal legal assistance,
there is no shortage of
solicitors. In a few isolated
parts of the country, we
have had some difficulty in
ensuring that duty solicitors
are always available where
accused are appearing from
custody. In each of these
locations, we have either
worked with local solicitors
to make provision available,
or covered courts with
solicitors employed by the
Board in the Public Defence
Solicitors’ Office.
For most of the country, there
are vibrant local markets, with
plenty of firms and solicitors
delivering a criminal legal
assistance service. While the
reduction in cases going
through the courts as a result
of summary justice reform
may put some pressure on
some firms, we do not believe
that it should have a negative
impact on the availability of
criminal legal assistance for
those who need it.
We do take concerns about
the future seriously however.
Some have argued that few
students are keen to pursue
careers in criminal work, or
in other areas of law that tend
to be covered by civil legal
assistance. The view appears
to be that commercial law
and conveyancing are more
attractive to new entrants
to the profession and that
this means there will be
few solicitors willing or able
to undertake legal aid work
in the future.
To find out if this is really
the case and, if so, why, the
Board commissioned a major
research project, supported
by the Scottish Government
and Law Society of Scotland.
The research, to be published
in late 2008, explores the
perceptions and motivations
of trainee solicitors and
recently qualified solicitors,
as well as those responsible
for recruitment in law firms.
We believe that the research
may suggest that more could
be done to encourage law
students and young lawyers
into the areas of law affecting
legal aid clients, including
criminal law, family law and
social welfare law (housing,
debt, employment, mental
health, asylum etc).
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
21
Introduction
Statement of accounts
The Legal Profession and
Legal Aid (Scotland) Act
paved the way for such
a varied approach, this
enabled the Board to
provide grants for advice,
Lindsay Montgomery
assistance or representation
Chief Executive
and services that support their
delivery, and to register advice
agencies to deliver advice and
assistance, funded through
the legal aid system.
Statistical tables
This is an exciting area of
development for the Board
and one that looks firmly to
the future, ensuring that legal
aid continues to be available
to change the lives of those
who need it.
Progress was made during
2007-08 towards a more
proactive role for the Board
and a more responsive
legal aid system, primarily
through the development
of the Inverness Civil
Legal Assistance Office.
The Board is keen to see its
new powers brought into play
and we believe that they are
key to ensuring the continued
contribution of the legal aid
system, however broadly
defined, to the delivery of
access to justice to those
who might otherwise not
achieve it.
Facts and figures
We will also consider
whether more direct measures
would be useful, such as the
provision of traineeships in
PDSO and the Part V service,
or financial or other support
for traineeships focusing on
legally aided work.
New ways of delivering
and supporting services
The Board has long believed
that the needs of Scotland’s
communities for advice,
assistance and representation
are best met in a variety
of ways, ranging from
preventative public legal
education work and the
provision of easily accessible
information to specialist
advice from a well-trained
adviser and representation
in court by a solicitor
or advocate.
Year in review
Over the last year, we have
been working with the Law
Society, through their
programme of Continuing
Professional Development
for New Lawyers. We also
intend to work more closely
with universities and law
schools to engage directly
with young lawyers and both
encourage and equip them
to enter priority areas of law.
About us
Year in review
Scottish Legal Aid Board Annual Report 2007-08
22
Public Defence
Solicitors’ Office
PDSO is a small network
of Board employed solicitors
who provide criminal defence
services. This section gives
information on PDSO’s work
and development.
PDSO developments
The small network of
seven Public Defence
Solicitors’ Offices across
Scotland offers people a
greater choice of criminal
defence services. There are
now 15-18 solicitors employed
by the Board in the PDSO,
working alongside around
1,400 private sector criminal
legal assistance solicitors.
Solicitors in PDSO are paid
an annual salary, rather
than being paid on a case
by case basis as private
solicitors are. Each office
comprises a team of legal
and administrative staff.
PDSO provides criminal
legal advice, assistance
and representation to
anyone entitled to legal
aid and charged with
a criminal offence.
PDSO allows us to learn
more about the operation
of the justice system and it
brings a different approach
to dealing with clients who
face criminal charges.
It also acts as a test bed
for new developments.
For example, a peer review
system to provide quality
assurance of all criminal
defence solicitors will be
introduced during 2008-09.
This idea was first developed
in PDSO and, the concept
having proved successful,
the criteria developed for
PDSO formed the basis
of the system that will be
rolled out shortly. More
broadly, the way in which
PDSO handles its cases
is reflected in the changes
to summary criminal legal
assistance introduced
in June 2008.
The PDSO also provides
the Board, Government
and other justice agencies
with a different perspective
on the operation of legal aid,
the courts and wider justice
system. Because it is
a national network of offices,
PDSO can comment helpfully
on differences in the operation
of the criminal justice system
in different parts of the
country. This input has been
welcomed by the judiciary
and prosecution as it offers
both a defence and public
service-orientated view
of the system.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
23
Introduction
Facts and figures
In 2007-08 the PDSOs
handled 1,907 cases, including
75 solemn cases. The cost of
funding PDSO was £1,321,000.
This was 53% higher than the
previous year, reflecting the
growth in the PDSO network
from 4 to 7 offices.
Statistical tables
Statement of accounts
Over the last year, we have
worked with the Scottish
Government to assess
the value offered by PDSO.
Subject to Ministers’ views,
we will consider further
in the coming year how to
ensure that we can maximise
the benefits of having PDSOs
and establish them firmly
as part of the criminal legal
assistance landscape.
As part of this process
we have identified significant
savings in running costs
across the PDSO network
while also seeking to expand
the services offered.
Facts and figures
The legislation under which
PDSO was created refers to
it as a feasibility study and
requires Ministers to report
to Parliament by the end
of 2008 on progress with
that feasibility study.
As part of its remit to improve
access to services, PDSO has
employed a Polish-speaking
paralegal to help the growing
Polish community to seek legal
help when they are charged
with an offence. She is a first
point of contact for Polishspeaking clients contacting
PDSO and can provide advice
on criminal procedure
as well as a translating
and interpreting service
across the PDSO network.
Year in review
In 2006, the Board was
asked to expand PDSO in
new locations. We opened
new offices in Ayr, Falkirk and
Dundee to add to the existing
offices in Edinburgh, Glasgow,
Inverness and Kirkwall.
About us
Year in review
Scottish Legal Aid Board Annual Report 2007-08
24
Corporate
developments
This section covers other
important areas of activity
for the Board during 2007-08.
Freedom of Information
The Freedom of Information
(Scotland) Act 2002
encourages openness and
accountability in the public
sector. The Board, as a
public body, complies with
the provisions in the Act.
We received 86 requests
for information, compared
to 67 requests last year.
Of the 86 requests we
dealt with, we provided the
information free of charge
in 61 cases. We did not hold
the information in four cases,
part-provided/part-refused
the information in four cases
and issued fees notices in
one case. We refused the
information in 14 cases on
the basis of the exemptions
under the Freedom of
Information (Scotland) Act,
four of them because the
projected cost was over the
prescribed amount of £600.
Two appeals were made
to the Scottish Information
Commissioner, and one
was brought forward from
the previous year. The
Commissioner upheld the
Board’s decision in the two
cases he decided; we await
the Commissioner’s decision
on one further case.
Over the coming year,
we intend to review our
approach to the publication
of our responses to Freedom
of Information requests.
Dealing with requests can take
a considerable amount of staff
time and, where there is likely
to be wider public interest in
the information, we could
derive greater value from this
time by publishing the results
of some requests.
Complaints
We encourage people to
send us their views about our
service. Their input allows us
to improve our services. Last
year we received 68 formal
complaints, a reduction of
24 on the previous year.
Of the 80 complaints that
we completed dealing with
this year, we considered
18 to be justified, compared
with 29 the previous year.
We considered a further
19 complaints to be partially
justified. This is the first time
we have separately recorded
partly-justified complaints.
During 2007-08, we reviewed
the operation of our
complaints procedures
across the Board to identify
any areas for improvement.
This suggested some minor
changes to ensure consistency
in complaints recording
and handling.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
25
Introduction
In December 2007 the Board
became a founding member
of the Justice Disability
Steering Group. This group
seeks to establish a shared
effective and efficient
approach to the involvement
of disabled people in policy
and practice development
across the justice sector.
Membership of the group
includes the Scottish Court
Service, Association of Chief
Police Officers in Scotland,
the Crown Office and
Procurator Fiscal Service,
and the Law Society
of Scotland.
Statement of accounts
We also published an
annual progress report
on our Disability Equality
Scheme, demonstrating
our activity and progress in
achieving disability equality.
In relation to race equality
we commissioned research to
provide independent evidence
to help us better understand
experiences, perceptions
and levels of satisfaction of
the legal aid system among
people from different ethnic
minority backgrounds.
This evidence will be used
to inform our future race
equality action planning.
Statistical tables
We take our responsibilities
relating to our equality duties
very seriously. We continue
our work to ensure that
equality for all is considered
in all aspects of our work.
During the year we ensured
that all newly recruited staff
received equality training and
placed renewed emphasis on
checking that all our policies
and practices are reviewed
for any impact on equality.
All our project managers
received refresher training
in carrying out Equality
Impact Assessments.
During the year we further
developed our partnership
working with a range of justice
organisations and other public
sector bodies in Scotland to
help develop our equalities
strategy and share best
practice. This year we joined
both the Non Departmental
Public Body Equality Steering
Group and the Public Sector
Diversity Network. We also
engaged with the Equality and
Human Rights Commission in
Scotland to discuss common
areas of interest.
Facts and figures
Equality
In June 2007 we published
the Board’s three-year Gender
Equality Scheme which
outlined our plan of action
for achieving gender equality
for service users and our staff.
The scheme was informed
by research which considered
the issues faced by women
and men who have applied
for legal aid and perception
from the general public
and solicitors.
Year in review
We will further review our
complaints procedures in
light of the recommendations
of the Fit-for-purpose
Complaints System Action
Group. This group was
set up by the Scottish
Government in response
to the Crerar Review of
regulation, audit, inspection
and complaints handling,
and reported in July 2008.
About us
Year in review
Scottish Legal Aid Board Annual Report 2007-08
26
Corporate
developments
Developing staff
We believe it is
important to equip our
staff with knowledge and
understanding of the justice
system in which legal aid
plays a key part, to allow
us to deliver an improved
service. We are a Learndirect
Scotland learning centre
and we are committed
to encouraging staff to
continue their development
as paralegals, solicitors
and other professionals.
Research
One of the Board’s key
roles is advising Ministers
on the operation and future
development of legal aid.
It is important that we have
good evidence on which
to base our advice. In ensuring
that the services we deliver
meet our customers’ needs,
it is also clearly important that
we understand those needs.
For this reason, the Board
has enhanced its capacity
to undertake and commission
During 2007-08, 31 staff
research, both to explore
studied towards a paralegal
issues facing the legal aid
qualification in areas including system and to gauge the
criminal law and family law.
views of our stakeholders.
In 2007-08 we published
the results of our survey of
applicants and opponents,
seeking views on their
experience of the legal aid
process and the service
provided by the Board.
We also published the
findings of a survey of
advice agencies, designed
to establish the extent
of any problems agencies
had advising clients about
legal aid matters or referring
clients to solicitors providing
a legal aid service.
We also commissioned
research, jointly managed
with the Scottish Government
and Law Society of Scotland,
to explore the motivations
and experience of trainee
and recently qualified
solicitors, and the recruitment
and retention practices of law
firms. The findings of this
research will be published
during 2008.
Our in-house analytical
team undertook a detailed
analysis of the supply of
civil legal assistance services
by solicitors, to determine
whether there were any parts
of the country that had seen
particularly large changes
in supply and where those
seeking advice may have
difficulty finding a solicitor.
This analysis will also be
published during 2008.
Finally, we surveyed
all solicitors registered to
provide civil legal assistance
with a view to identifying
which areas of law they
covered and whether they
were taking on new cases.
The data gathered from this
survey was used to populate
an enhanced online solicitor
finder tool, enabling members
of the public or advisers
to identify local solicitors
offering services in particular
types of case.
YEAR IN REVIEW
Scottish Legal Aid Board Annual Report 2007-08
27
Introduction
Legal aid helpline
0845 122 8686
Statistical tables
About us
•Our telephone helpline provides information
to the public about legal aid, how to apply
for it and where to find a solicitor. The helpline
includes an out-of-hours service, which
operates from 5pm to 11pm each night and
from 7am to 11pm on weekends. The helpline
received more than 6,000 calls in 2007-08,
almost three times as many as in 2006-07.
Statement of accounts
In the last year the service
provided by the helpline was
improved as it is now able to
direct those seeking help to
specific firms that have told
us they handle particular
types of case, such as family,
housing, mental health or
personal injury. Previously,
we were only able to tell
callers that a solicitor was
registered to provide civil
or criminal legal assistance.
This more detailed solicitor
information is now also
available on our website
via our solicitor finder tool.
Through an intuitive map
interface, users can select the
type of problem they have and
see the firms nearest to them,
along with contact details,
opening hours, accessibility
information and directions.
Facts and figures
Our telephone helpline
provides information to
the public about legal aid,
how to apply for it and where
to find a solicitor. The helpline
includes an out-of-hours
service, which operates
from 5pm to 11pm each
night and from 7am to 11pm
on weekends. The helpline
received more than 6,000
calls in 2007-08, almost three
times as many as in 2006-07.
Year in review
Helping people
access legal aid
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
28
Our performance
We have performance targets
for making correct decisions
within set timescales. This
section tells you how we
performed against target.
Our main roles include
taking decisions on legal aid
applications and assessing
and paying the accounts
of solicitors and counsel.
We set performance
indicators and targets to
provide a measure of our
performance. Our targets
are agreed by Scottish
Ministers annually.
Our headline indicators
combine individual
timeliness and accuracy
targets for each legal aid
type. They are weighted
equally so that we achieve
an appropriate balance
between the measures
for speed of processing
and the quality of decisions.
For 2007-08, we met
or performed better than
all eight of our headline
performance targets.
Two of these targets had
been increased compared
to the previous year.
We then have more detailed
targets for accuracy and
timeliness for each type
of legal aid application or
account. For 2007-08, we
increased the number of
individual targets from
50 to 61 to reflect more
fully the range of work
we undertake.
We also increased the
targets or shortened the
service standard timescales
in several areas. For example,
the timescale for handling
reviews of refusal of initial
criminal legal aid applications
was shortened from 12 days
to 9 days; and that for
applications for sanction
to employ counsel, expert
witnesses or to incur
unusual costs in civil cases
was shortened from 12 days
to 10 days. We also increased
the percentage targets for
seven application types.
We met or performed
better than our target in
54 of our 61 detailed targets.
We did not meet three of
our six timeliness targets
for advice and assistance
applications, largely
because of the impact of
introducing a new computer
system, business processes
and application forms to
support the reform of civil
advice and assistance in
May 2007. Performance
improved considerably
during the year as systems
issues were resolved, and
by the second half of the
year had risen to above
pre-reform levels.
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
29
Introduction
Statistical tables
Statement of accounts
In civil legal aid, 2007-08 saw
a significant reduction in both
overall duration and time in
our hands. For example, the
overall duration for an initial
civil legal aid application fell
from 49.7 to 41.5 days, while
the time in our hands fell
from 19.8 to 12.9 days. Both
of these reductions represent
very significant improvements
in the service provided
to applicants.
Facts and figures
The standards and targets
do not tell the whole story.
For the vast majority of cases
that have met target, our
actual handling times have
reduced significantly in
many areas.
We measure both the total
time taken from receipt of
an application to a decision
being taken and the actual
time required by the Board
to process that application.
These can be very different
measures, as the latter only
takes account of time in our
hands as opposed to time
where the application was
held pending enquiries
for further information
or clarification.
Year in review
In two instances, timeliness
targets were not achieved
because a very small number
of cases did not meet target
(for children’s appeals, only
one case out of twenty for
the year did not meet target).
In addition, the service
standard against which the
exceptional cases target of
99% is measured was made
significantly tougher for
2007-08. Instead of having
ten calendar days to process
a case, staff now have a target
of five calendar days. Despite
this significantly tougher
standard, the target was
only narrowly missed.
About us
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
30
Facts and
figures overview
Grants of legal
assistance in 2007-08
There were 359,354
grants of legal assistance
in 2007-08, a reduction of
12% compared to 2006-2007.
Criminal legal assistance
grants fell by 11% to 249,300.
• Criminal advice and
assistance (excluding
ABWOR) fell by 16% to
104,747
• Criminal ABWOR
fell by 9% to 17,328
• Summary grants
fell by 9% to 75,582
• Solemn grants
fell by 8% to 12,782.
Total legal assistance grants 2007-08
359,354
Grants 2003-2008
Over the last five years,
the number of grants of legal
assistance has fallen by 19%.
Most of the fall has been in
civil legal assistance, which
has fallen by 33% over the five
years. The number of criminal
legal assistance grants is 11%
lower than five years ago.
Civil legal assistance grants
fell by 16% to 100,664.
• Civil advice and assistance
(excluding ABWOR)
fell by 18% to 86,054
• Civil ABWOR rose
by 11% to 3,960
• Civil legal aid grants
fell by 6% to 10,650.
Children’s legal assistance
grants fell by 14% to 8,884.
Contempt of court grants rose
by 7% to 506.
Criminal
249,300
Civil
100,664
Children
8,884
Contempt
506
Grants of legal assistance in 2003-08
07-08
06-07
05-06
04-05
03-04
100,664
249,300
119,293
128,583
139,933
359,354
10,801
408,654
272,740
9,967
411,290
279,570
150,580
Civil legal assistance
9,390
278,560
280,973
Criminal legal assistance
Children’s and contempt
legal assistance
9,582
9,588
429,085
441,141
Totals
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
31
Introduction
Year in review
Overall costs in 2007-08
Statement of accounts
The total net cost of civil legal
assistance was up 2% at
£39.8 million.
• Civil advice and assistance
(excluding ABWOR)
fell by 4% to £16.6 million
• Civil ABWOR rose by
37% to £2.6 million
• Civil legal aid (gross)
was up 5% at £33.1 million
• Income in civil legal aid
cases (contributions,
expenses, and recoveries
from property recovered
or preserved) were up
9% at £12.8 million
• The resulting net cost
of civil legal aid was
up 3% at £20.4 million
• The cost of the Board’s
Part V solicitors was
£0.27 million.
Expenditure on
legal aid 2003-08
Over the last five years,
expenditure has increased
by 6% – a rise of £9.1 million.
Most of the increase has
been because of a 8% or
£8.0 million rise in the costs
of criminal legal assistance.
Civil legal assistance
expenditure has fallen
by £0.3 million, or 1%.
Expenditure on children’s
and contempt legal assistance
and miscellaneous payments
has increased by 43%
or £1.4 million. The great
bulk of this rise has been
in children’s legal aid.
Statistical tables
The cost of criminal legal
assistance was up 4%,
at £110.5 million.
• Criminal advice and
assistance (excluding
ABWOR) fell by 8%
to £7.5 million
• Criminal ABWOR fell
by 5% to £3.5 million
• Summary criminal legal aid
rose by 1% to £52.6 million
• Solemn criminal legal aid
rose by 10% to £41 million.
The total gross cost of civil
legal assistance including
the cost of Part V solicitors
employed by the Board
was up 4% to £52.6 million.
Facts and figures
The total net expenditure
from the Legal Aid Fund was
£155.1 million in 2007-08 –
an increase of 3%, or £4.9
million, on the year before.
About us
Net total legal assistance expenditure 2003-08 (£ 000)
07-08
39,820
06-07
38,976
05-06
39,530
04-05
39,917
03-04
110,529
106,622
103,997
4,571
4,324
109,031
40,116
Civil legal assistance
4,721
102,506
Criminal legal assistance
3,470
3,309
Children’s and contempt
legal assistance and
miscellaneous
155,070
150,169
147,851
152,418
145,931
Totals
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
32
Facts and
figures overview
Payments for
legal assistance
Amounts paid for
all legal assistance
Last year the amounts paid for
legal assistance from the legal
aid fund were:
• £126.4 million to
solicitors, an increase
of 4%, or £4.4 million,
compared to 2006-2007
• £21.6 million to counsel
(advocates and solicitor
advocates), an increase
of 4%, or £0.9 million
• £18.1 million on outlays,
virtually the same as the
year before.
Over the last five years,
payments made for legal
assistance overall have
increased by 6% or
£9.4 million:
• payments made to solicitors
over this period have risen
by 3%, or £3.5 million
• payments to counsel have
increased by £3.8 million,
a rise of 21%
• the cost of outlays
has increased by 13%,
or £2.1 million.
Amounts paid for
civil legal aid
Last year the amounts paid
for civil legal aid were:
• £18.2 million to solicitors,
an increase of 9%,
or £1.5 million
• £5.5 million to counsel
(advocates and solicitor
advocates), an increase
of 11%, or £0.5 million
• £9.4 million on outlays,
a reduction of 4%, or
£0.4 million. Outlays include
the costs incurred where
a solicitor from elsewhere
in the country instructs
an Edinburgh solicitor
to conduct a case in the
Court of Session.
Over the last five years,
payments made for civil legal
aid work overall have
increased by 10%
or £3.1 million:
• payments made to solicitors
over this period have risen
by 2%, or £0.3 million
• payments to counsel have
increased by £1.3 million,
a rise of 32%
• the cost of outlays for civil
legal aid has increased
by 20%, or £1.6 million.
Amounts paid for
criminal legal aid
Last year the amounts
paid for criminal legal
aid work were:
• £76.7 million to solicitors,
an increase of 6%
or £4 million
• £14.7 million to counsel
(advocates and solicitor
advocates), a fall of
1%, or £0.2 million
• £5.5 million on outlays,
an increase of 7%,
or £0.4 million.
Over the last five years
payments for criminal legal
aid work have increased by
9%, a rise of £8.2 million:
• payments to solicitors rose
by £6.0 million, an increase
of 8%
• payments to counsel
(advocates and solicitor
advocates) have increased
by 12% or £1.6 million
• payments for outlays
increased by 12%, or £0.6
million over this period.
Payments made for civil legal aid 2003-08 (£ million)
Payments made for legal assistance 2003-08 (£ million)
07-08
06-07
05-06
04-05
03-04
21.6
126.4
20.8
122.0
18.3
122.7
18.8
127.3
17.9
Counsel
122.9
Solicitor
Outlays
18.1
18.2
16.8
17.7
16.0
07-08
5.5
06-07
4.9
16.7
05-06
4.6
17.0
04-05
4.4
03-04
4.2
Counsel
9.4
18.2
17.8
18.0
Solicitor
Outlays
9.8
8.0
8.6
7.9
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
33
Introduction
Year in review
Facts and figures
Statistical tables
Statement of accounts
About us
Payments made for criminal legal aid
(excluding duty and contempt) 2003-08 (£ million)
07-08
14.7
06-07
14.9
05-06
12.6
04-05
13.9
03-04
13.1
Counsel
5.5
76.7
72.7
72.5
5.2
5.2
5.4
75.0
70.7
Solicitor
Outlays
4.9
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
34
Civil legal assistance
Civil advice and
assistance and ABWOR
Grants
The total number of civil
advice and assistance and
ABWOR grants continued to
fall for the eighth successive
year. In the last year the fall
was 18%, to 90,014 grants,
and takes the overall
reduction over the last
five years to 35%.
Advice and assistance
excluding ABWOR fell by 19%
to 86,054. Significant reforms
of advice and assistance were
introduced in May 2007. These
changes are reflected in the
number of grants of advice
and assistance.
In particular, the reforms
removed the minimum fee
arrangements under which
solicitors could grant advice
and assistance and then
claim a basic fee of £25 with
no further detail of what work
had been carried out. The
reforms replaced this system
with a new ‘diagnostic’ type
of initial advice and
assistance. The purpose
of this type of advice and
assistance is to enable the
solicitor to assess the client’s
problem and determine
whether or not further advice
from a solicitor is necessary
and appropriate. If further
advice is needed, the solicitor
can apply to the Board for
authorisation to provide it.
For most types of case, there
is no need for a diagnostic
interview as it is assumed
that advice from a solicitor
is appropriate.
Much of the reduction in
advice and assistance we
have seen in the last year
relates to the types of case
that are initially considered
diagnostic. This includes
general debt advice
(down 23%, or 2,230 cases),
general housing advice
(down 52%, or 4,205 cases,
although more specific
housing advice on eviction
proceedings is up by 2,910),
advice on state benefits
(down 24%, or 1,862 cases)
and advice on prison rules
(down by 70%, or 931 cases).
These reductions reflect
the intentions of the reforms
and suggest that solicitors
are focusing on the types of
work on which they are best
placed to advise. The Board
will continue to monitor the
impact of the reforms and
more broadly any changes
in advice and assistance
provision to make sure that
access to appropriate advice
from solicitors is still available
to those who need it.
In ABWOR, where the solicitor
can represent people in certain
types of tribunal and other
hearings, there was a 13%
increase to 3,960 grants.
This follows a 7% increase
the previous year, but the total
number of grants is still lower
than a few years ago. The type
of cases being granted has
changed though. The number
of immigration and asylum
cases fell by 16% to 1,491
after an 11% increase the
previous year. The number
of these cases is now
39% lower than at its peak
in 2002-03. The last year
has seen a 64% increase
in the number of grants for
representation at mental
health tribunals, to 2,306.
This new tribunal was
introduced in October 2005
and represents a very
significant and growing
use of ABWOR.
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
35
Introduction
Civil legal aid
Applications and grants
There were 15,861 applications
for civil legal aid in 2007-08,
3% fewer than the previous
year. This continues the trend
over the last 15 years or so.
The fall over the last five years
has been 13%.
Statistical tables
The main reason for
the fall since last year
is a 23% reduction in the
number of reparation cases,
such as personal injury
claims. This is a result
of the growing popularity
of no win/no fee options,
which means that cases with
a high probability of success
and those involving larger
sums of money are less likely
to be dealt with under legal
aid. It is still important that
legal aid is available for
cases that might be less
clear cut but which are
still very important to the
people involved and may
raise questions of wider
public interest.
Statement of accounts
About us
Within this, the cost of civil
advice and assistance itself
fell by 4% to £16.6 million.
This reduction is less than the
fall in volumes because the
reduction in applications
related mostly to lower value
cases. This means that the
average cost of a civil advice
and assistance case has gone
up by 8% to £200.
There was a 37% increase in
the total cost of ABWOR cases,
largely due to an increase in
the number and average cost
of mental health tribunal
cases. The overall average
cost of a civil ABWOR case
rose by 26%, to £875.
Facts and figures
Expenditure
The overall cost of civil advice
and assistance (including
ABWOR) was virtually
unchanged from the previous
year at £19.2 million, but was
11% lower than five years ago.
Year in review
Requests for increases in
authorised expenditure in
advice and assistance have
also fallen by 16% this year.
This is partly because of the
reduction in the number of
grants. It is also partly
because of an increase in the
use of ‘templates’ for certain
types of case, which enable
solicitors to put in a single
request for an increase to
cover all the steps commonly
taken for that type of case,
cutting the need for additional
requests and reducing
bureaucracy for solicitors.
There was a 20% increase
in the number of requests
in ABWOR, reflecting the rise
in the number of cases.
Civil legal aid grants by type of case 2007-08
Family/matrimonial (7,167)
Appeals (180)
Debt (269)
Recovery of heritable property (696)
Reparation (898)
Adults with incapacity (910)
Judicial review (180)
Other (366)
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
36
Civil legal assistance
As expected, there were also
fewer applications for legal
aid for divorce than last year
(down from 3819 to 3179).
This reverses the increase
in applications the year
before, which followed
changes in the divorce laws.
This meant that people could
get divorced earlier, so some
of the applications that might
otherwise have been received
in 2007-08 had already
been through the system.
There was a small increase
in the number of applications
relating to contact or residence
of children. This type of case
is now more significant than
divorce in legal aid terms.
There was a large
increase in judicial review
cases (where an individual
challenges a decision made
by the state). There was
a reduction in the number
of judicial review cases in
immigration and asylum
(from 177 to 152), although
this was partly because
many cases are now dealt
with under a different
procedure called statutory
review (counted in our ‘other’
category, and rising from
70 to 189). Overall, this
means that the number
of review cases (statutory
or judicial) in immigration
matters has increased from
247 to 341, a rise of 38%.
This increase is in contrast
to the reduction in grants of
ABWOR for immigration and
asylum. Our discussions
with those working in this
area suggest that the growth
in statutory review is likely
to stem from what are known
as ‘legacy cases’. These are
cases involving asylum
seekers who have been
living in the UK for several
years, but whose cases have
never been through the full
asylum application and
appeal procedure.
The rise in other types of
judicial review application
was because one firm of
solicitors submitted 118
applications challenging
the Board’s decisions on
a series of cases to do with
prison conditions such as
slopping out. The Board
refused all of these
applications. If the Board
refuses an application for
civil legal aid for judicial
review, the case can be
reviewed by the Sheriff
Principal of Lothian and
Borders. One of these
cases was appealed to
the Sheriff Principal, who
upheld the Board’s decision.
The number of applications
relating to debt and housing
also increased compared to
last year. Most of the increase
in housing cases related to
rent arrears cases, but there
was a 10% increase in cases
under the Mortgage Rights
(Scotland) Act. The biggest
single increase was seen in
cases involving adults with
incapacity. The number of
such cases rose by 41% to
953. As with mortgage rights,
these cases relate to new
rights created by the Scottish
Parliament. The growth in
applications suggests that
these new rights are being
used extensively.
At 10,650, there were
673 or 6% fewer grants
of civil legal aid than in
2006-07. Of all the cases
decided by the Board in
the year, 82% were granted
in some form. This was higher
than the previous year, partly
because of the growth of
adults-with-incapacity cases.
There is no means test in
these cases so they have
a very high grant rate
and have contributed to
a higher overall grant rate.
The number of people refused
legal aid because they had too
much disposable income or
savings fell by 177 (29%).
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
37
Introduction
Slightly fewer applications
for sanction for counsel were
granted in 2007-08 than in
2006-07. This was because
of a slight fall in the proportion
of applications that were
granted, to 67%. Requests
can be refused for a number
of reasons – much will depend
on the information provided
by the solicitor to justify
incurring the additional
expense of having counsel
act in the case.
Nevertheless, we remain
concerned to ensure that
the reduction in applications
does not reflect a reduction
in access to justice. To this
end, we have a substantial
programme of monitoring
of provision, including
surveys of solicitors and
the advice sector, and work
to support and deliver civil
legal assistance, as set out
on page 26.
16,997
10,989
16,859
10,982
16,291
11,323
15,861
10,650
18,175
12,322
05-06
06-07
07-08
Grants
03-04
About us
04-05
Applications
Statement of accounts
Civil legal aid applications and grants 2003-08
Statistical tables
Expenditure
There has been a 5% increase
in the total gross cost of civil
legal aid compared to the
previous year, to £33.1 million.
However, some of this
spending is offset by income
we receive in civil legal aid
cases. This is made up of
contributions payable by
assisted persons, expenses
The Board’s previous
paid by their opponents
research and discussions
or amounts that the Board
with solicitors and other
recovers from any property
stakeholders suggests that
won or kept as a result of
much of the fall in applications a case funded by legal aid.
is because of wider changes:
reductions in the number
of fault based divorces,
tougher police and
prosecution approaches
to domestic violence, an
increase in no-win/no-fee
arrangements and rising
incomes and reductions
in the number of people
on benefit.
Trends in civil legal aid
Over the past 10 years
applications for civil legal aid
have fallen by 34% and grants
by 32%. However, in the last
five years the rate of reduction
has become less: applications
have fallen 13% and grants
by 14%.
Facts and figures
The Board issued new
guidance to solicitors
during the year, telling them
that they didn’t have to apply
for sanction for experts
or high costs in some types
of case. This has made it
easier for solicitors to get
on with running the cases,
while still ensuring that the
Board looks after taxpayers’
money properly by requiring
solicitors to seek sanction
in other cases.
Year in review
Sanction
Solicitors need to apply
to the Board in some cases
for permission before
incurring unusual or high
costs in a case or if they
want to employ an expert
or counsel (an advocate or
solicitor advocate). This
is known as applying for
sanction. The number of
applications for sanction fell
by 8% in 2007-08 to 5,991.
This was made up of 1,861
requests for counsel, virtually
the same total as the previous
year, and 4,130 requests for
experts or unusual or high
costs (down from 4,650).
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
38
Civil legal assistance
In 2007-08, the Board
received £12.8 million in
income, 9% more than the
year before. This means that
the net cost of civil legal aid
was £20.4 million, up 3% on
the year before. This is the
highest net cost since ten
years ago, when the total
was £22.6 million.
In other categories,
such as reparation, the
substantial increase in fees
paid to solicitors was a result
of a large increase in the
number of cases paid.
However, the amount paid
to counsel in the sheriff court
increased by 17%, or almost
£0.3 million. The increase was
Sheriff court cases make
particularly pronounced in the
up around three quarters of all family category, where there
gross civil legal aid costs. This was an increase of 40% in the
cost rose by £1.7 million last
payments made. Over a third
year, or 8%, in line with the
of this increase resulted from
increase in the number
just two divorce cases.
of cases paid – there was
actually a very slight reduction In the Court of Session,
in the average cost of a case. in contrast to the sheriff
This increase in the number
court, there were 11% fewer
of cases paid follows the
cases paid but a 16% increase
increase in the number of
in the average cost of cases.
cases granted in earlier years. This led to a 3% increase in
the overall cost of Court of
Solicitors received
Session cases.
£15.5 million, or 11%,
more than the year before.
The growth in the average
Some of this increase,
Court of Session case cost
particularly in family cases,
was driven largely by an
flowed from improvements
increase in spending on
in fees introduced in
counsel, up 13% or almost
February 2007 and
£0.4 million compared
November 2007.
to the previous year.
Taken alongside the increase
in the cost of counsel in the
sheriff court, this means
that despite overall gross
expenditure on civil legal aid
increasing by only 3% over
the last 10 years, payments
to counsel have increased
by 86%, or £2.5 million.
A key factor in this change
in expenditure is because
of the impact of a small
number of very expensive
cases, where the costs are
over £50,000. In 2007-2008
there were 36 such cases,
an increase of seven cases
compared to the previous
year. The total cost of
these cases last year was
£3.2 million, which was
significantly more than
the £2.5 million spent
on high cost cases the
previous year. In particular,
seven cases cost more than
£100,000 each. These
seven cases alone cost
a total of £1.3 million. The
single most expensive case
cost £260,000. It should
be noted that payments
can be made on individual
cases in more than one year.
Amounts people pay towards
the cost of civil legal aid
Where civil legal aid is
granted, this does not always
mean that the taxpayer has
to meet the whole cost of
case. Someone granted civil
legal aid may have to pay a
contribution based on their
income or capital. Or, if their
case is successful, their
opponent may be ordered
to pay their expenses, and
we will use this to pay for their
legal aid. If these expenses do
not meet their legal aid costs,
they may have to pay from any
money they win or keep
in their case – for example,
in damages cases – this is
often called ‘property
recovered or preserved’
or ‘clawback’.
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
39
Introduction
The income received by the Board
in civil cases was made up of:
•contributions of £1.1 million collected from people
who had been granted civil legal aid, which was
21% lower than the previous year
•expenses of £10.3 million from opponents,
18% more than the year before
Statement of accounts
Amounts recovered
In 2007-08, the Board received
9% more income than the
year before, a total of
£12.8 million. This means
that we recovered 39% of the
total spent on civil legal aid
cases, compared to 37% in
2006-2007. The amount of
income we collect can vary
significantly from year
to year as a small number
of expensive cases can
influence the overall total.
Statistical tables
•£1.4 million from property recovered or preserved,
11% less than the year before.
Facts and figures
Over three-quarters of people
awarded civil legal aid do not
have to pay a contribution to
the cost of their case.
Year in review
The percentage of grants
where the assisted person
had to pay a contribution
towards the cost of their
case fell by 2% to 23%.
This is the lowest percentage
for several years. The average
contribution payable is
slightly lower than the
previous year at £1,027.
This level has been almost
the same for four of the last
five years.
About us
In civil legal aid reparation
cases, 79% of the amount
spent was recovered, and
15% of the amount spent
on family and matrimonial
cases was recovered.
31.4
33.1
20.4
04-05
19.8
29.6
18.6
03-04
18.8
17.4
30.0
30.8
Trends in civil legal aid expenditure 2003-08 (£ million)
Gross
Net
05-06
06-07
07-08
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
40
Criminal legal
assistance
Criminal advice and
assistance and ABWOR
Grants
Solicitors made 122,075
grants of advice and
assistance in relation to
criminal matters, including
ABWOR. This is a reduction
of 14% on the previous year,
and the total is now lower
than at any time in the last
ten years. Grants of advice
and assistance were down
16% to 104,747, while grants
of ABWOR fell by 9% to 17,328.
There are a number of
reasons for this reduction.
• There was less summary
criminal business going
through the courts last
year than in recent years.
• Changes in the law and
revised guidance issued by
the Board over recent years
have reduced the number
of grants of advice and
assistance solicitors are
able to make to individual
clients. At the same time,
some advice that would
previously have resulted
in a separate grant of advice
and assistance has been
brought within the scope
of a grant of legal aid.
We believe that the success
of these measures results
in the criminal advice and
assistance scheme providing
better value for taxpayers
while continuing to ensure
that those with problems
relating to criminal charges
receive the advice they need.
Expenditure
Expenditure on criminal
advice and assistance and
ABWOR fell by 7% to £11.0
million. Criminal advice
and assistance costs fell
by 8% to £7.5 million, while
criminal ABWOR was down
by 5% at £3.5 million.
In June 2008, significant
changes were made to the
way summary criminal cases
are handled, both in the courts
and in legal aid terms.
This will result in a further
substantial reduction in
stand-alone grants of advice
and assistance, but payment
rates have been very
substantially increased for
ABWOR, so we expect to see
a large rise in the number
of grants of ABWOR made
by solicitors.
The average cost of a case
under advice and assistance
rose by 4% from £69 to £72,
and the average cost of
a case under ABWOR
also rose by 4% to £234.
While the average cost of
advice and assistance had
been virtually unchanged for
the previous five years, the
average cost of ABWOR has
risen each year. It has now
increased by 30% over five
years. A key driver of this
increase has been a rise in
both the number and average
cost of cases related to breach
proceedings, for example
breach of community service
orders, or breach of probation.
These cases tend to cost
more than other ABWOR
cases, so their growth has
a disproportionate impact
on overall costs and average
costs. We expect the summary
justice reforms to result in
a substantial further increase
in the number of such cases.
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
41
Introduction
Statement of accounts
Trends in summary
criminal legal aid
The number of applications
to the Board for summary
criminal legal aid in
2007-2008 was virtually
unchanged compared to
five years ago. The volume
had however increased
dramatically in the
intervening years.
Statistical tables
The fall in applications
was spread fairly evenly
across different types of
case, although the total for
the district court fell faster
than that for the sheriff court
(11% compared to 8%).
The district court deals
with less serious cases.
The total number of summary
criminal grants made by the
courts and the Board was
75,582, a 9% fall on the
previous year, reflecting
the reduction in applications.
The courts may grant
summary criminal legal aid
in a limited number of defined
circumstances, mainly where
the court is considering
a prison sentence where the
accused has not previously
been in prison. Grants of
summary criminal legal aid by
the courts fell by 4% to 1,480.
Facts and figures
Criminal legal aid in
summary cases
The reduction in summary
cases being prosecuted
in the courts has also led
to a reduction in the number
of applications for and grants
of summary criminal legal
aid. There were 82,657
applications to the Board
for summary criminal legal
assistance, a reduction
of 8% on 2006-07 and the
lowest total since 2002-03.
Year in review
Criminal legal aid
About us
82,657
74,102
89,984
81,146
85,916
78,677
86,269
79,343
82,999
75,414
Summary criminal legal aid applications to the Board
and grants made 2003-08
Applications
Grants by the Board
03-04
04-05
05-06
06-07
07-08
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
42
Criminal legal
assistance
Criminal legal aid
in solemn cases
The courts grant legal aid
in more serious cases. This
is known as solemn criminal
legal aid. There was an
8% reduction in solemn
grants made by the courts
compared to 2006-07,
to 12,782. However, this only
partly reverses the very large
increase in grants seen in
2006-07, meaning that the
total for 2007-08 remains
significantly higher than that
for any other previous year.
There were significant
reductions in murder/
attempted murder/culpable
homicide (19%, or 164 cases),
assault (10%, 469 cases),
theft/housebreaking/robbery
(15%, 268 cases) and offensive
weapons (12%, 148 cases).
Trends in solemn
criminal legal aid
Despite the reduction in
the last year, over the last
five years the number of
grants by the courts for
solemn criminal legal aid
has increased by 12%,
or 1,383 cases. As solemn
cases tend to be considerably
more expensive than summary
cases, this has significant
expenditure implications.
Expenditure on
criminal legal aid
The total cost of criminal legal
aid increased by £4.2 million
(5%) to £96.9 million.
At £52.6 million, there was
a small (£0.5 million) increase
in summary criminal legal
aid spending in 2007-08
compared to 2006-07.
This was due to the increase
in the volume of cases seen
the previous year. The system
of fixed payments for these
cases means that the average
cost per case – £646 in
2007-08 – changes very little.
In solemn criminal legal aid,
there was a 9% reduction
in the average cost of a case
in the sheriff court. However,
there was also a 20% increase
in the number of cases
paid, resulting in a rise
of 9% (£1.6 million) in the
amount spent on this type
of case, to £20.1 million.
This increase flows from the
substantial rise in the grants
of solemn criminal legal aid
made by the courts the
previous year.
04-05
03-04
The amount paid to
solicitors for solemn cases,
excluding appeals, increased
by £3.5 million, or 17%.
This was broadly in line with
the increase in the number
of cases paid.
As in previous years,
a small number of very
expensive cases, where the
costs are over £50,000, have
a significant impact on overall
expenditure. Last year there
were 36 such solemn cases,
12 fewer than in 2006-2007.
The total cost of these
cases was £3.5 compared
to £4.4 million the previous
year. The main change was
a reduction in the number of
very expensive drugs-related
cases. The number of cases
costing more than £100,000
has also reduced, from 16 to
from nine, with a total value
falling from £2.3 million to
£1.9 million.
07-08
12,782
06-07
05-06
Trends in criminal
legal aid expenditure
The total cost of criminal
legal aid (excluding appeals)
has risen by 8% or £7.2 million
over the last five years.
The cost of summary criminal
legal aid has risen by 8%, or
£3.7 million, while the cost of
solemn criminal legal aid has
risen by 9%, or £3.5 million.
Trends in criminal legal aid expenditure 2003-08 (£ million)
Solemn criminal legal aid grants made by the
courts 2003-08
07-08
Although the number of
grants reduced in 2007-2008,
we expect to continue to see
high costs flowing from very
expensive cases. In particular,
we expect to see continued
significant expenditure on
a number of so-called ‘cold
cases’, where proceedings
are brought in relation to
crimes committed several
years, or in some cases
decades, ago.
As predicted last year,
the increase in grants in
2006-2007 also affected
payment for cases in the
High Court, which deals
with the most serious
cases. There was a 9%
increase in the number of
these cases (to 1,619) and
a 2% increase in the cost per
case (to £12,900). The result
of both of these changes
was an increase in spending
of £2.1 million, or 11%,
to £20.9 million.
13,898
11,811
10,967
11,399
52.6
06-07
52.1
50.3
05-06
51.0
04-05
48.9
03-04
Summary
Solemn
41.0
37.3
36.1
39.2
37.5
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
43
Introduction
Statement of accounts
About us
At 10,280, there were
7% (804) fewer sanction
applications in criminal
cases in 2007-08 than in
the previous year. However,
the total for 2006-07 had
been unusually high, itself
an increase of 12% on
2005-06. The overall grant
rate for sanction applications
in first instance criminal cases
(including grants following
reconsideration of an initial
refusal) was 87%, compared
to 92% in 2006-2007.
It is not always clear from an
application what contribution
a particular expert is expected
to make to the case, or, where
counsel is being sought, why
the case is not within the
competency of the solicitor.
The Board needs to be
satisfied that to grant the
request is necessary in any
particular case. If we are not
satisfied from the application
that this is the case, it will be
refused. In the coming year we
plan to review the guidance
we issue to the profession
and use internally when
deciding applications.
Statistical tables
Duty solicitor
Anyone taken into custody
(regardless of their financial
circumstances) has the right
to use the duty solicitor.
A duty solicitor is available
at every sheriff and district
court in Scotland. Duty
solicitors can represent
accused people at their first
appearances in court and,
if they plead guilty, deal with
any follow-up hearings until
the end of the case.
Sanction
Where a solicitor wishes to
appoint counsel (an advocate
or solicitor advocate) or
employ an expert to advise
on a case, they may,
in some circumstances,
have to ask the Board
for permission to do so
in advance. This is known
as applying for sanction.
The majority of sanction
applications relate to solemn
cases, and this is also where
the biggest reduction has
been seen. The reduction in
applications has coincided
with a review of our processes
for granting sanction,
including the way we apply
our guidance. We have formed
a specialist team of solicitors
with experience of criminal
work and this has resulted
in a more consistently
robust approach to
sanction applications.
Facts and figures
The cost of appeals was
£3.3 million, a marginal
increase on the previous year.
The total cost of appeals has
increased by 38% over the
last five years. The average
cost of an appeal case was
£1,615, an increase of
6% on the previous year.
Duty solicitors made
36,041 appearances for
people on criminal matters
in 2007-2008, an increase
of 4% on the previous year.
Over the last five years the
number of duty appearances
has increased by 16%.
The cost of the duty solicitor
scheme increased by 9%
to £1.3 million compared
to 2006-2007. Over the
past five years, costs
have increased by 38%,
or £0.4 million.
Year in review
Other criminal legal aid work
Appeals
There were 1,874 grants of
criminal legal aid for appeals,
a decrease of 12% on the
previous year, continuing the
trend for the last eight years.
The number of appeals has
fallen by 29% over the past
five years.
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
44
Children’s and
Contempt legal
assistance
Children’s legal assistance
This section is specifically
about children’s legal
assistance.
By “children’s legal
assistance”, we mean legal
assistance before and after
children’s panel hearings
and for court proceedings in
respect of any matter arising
under Chapter 2 or 3 of Part II
of the Children (Scotland) Act
1995 including appeals to the
Sheriff Principal and Court of
Session in connection with
such proceedings. It covers,
for example, a solicitor giving
advice about appearing before
a children’s panel hearing, or
giving representation in court
in appeals against decisions
of the children’s panel hearing
or sheriff. It does not cover
representation at children’s
panel hearings.
Children’s legal aid is
available to adult relevant
persons as well as children.
In addition, civil or criminal
legal assistance, as opposed
to children’s legal assistance,
may be available for children
involved in civil or criminal
legal proceedings.
Children’s advice
and assistance
The number of grants of
advice and assistance by
solicitors fell by 20% to
4,678 grants.
Children’s legal aid
The number of grants
of legal aid by the courts
fell by 6% compared to the
previous year to 4,199 grants,
while the Board granted seven
appeals, two more than the
previous year.
Expenditure
The total cost of children’s
legal assistance rose by 2%
to £4.5 million. Within this
total, the cost of children’s
advice and assistance fell
by 9% to £0.4 million.
By contrast, the total paid
for legal aid for children rose
by 3%, to £4.1 million. This
increase was due to a 6% rise
in the number of cases paid;
the average case cost fell by
3% to £1,092. The increase
in cases paid was a result of
the increase in cases granted
the previous year.
We continue to see a small
number of very expensive
cases, where the cost is over
£50,000. Last year there were
twelve very expensive cases,
compared to nine the previous
year. The total cost of these
cases was £1.2 million, more
than a quarter of the total
paid, compared to just under
£0.9 million in 2006-2007.
Of this £1.2 million, over
£0.75 million was the cost
of counsel. The total cost of
counsel in children’s cases
increased by 20% between
2006-2007 and 2007-2008;
two-thirds of all counsel
costs in children’s cases
arose in these twelve
expensive cases.
Contempt of court
Grants by the courts for
contempt of court proceedings
increased by 7% to 506.
This is a considerably smaller
increase than in the previous
two years.
Expenditure increased by
46% to £0.15 million. This was
because of a 25% increase in
the number of accounts paid
and a 17% rise in the average
cost of a case, to £346.
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
45
Introduction
Year in review
Facts and figures
Statistical tables
Statement of accounts
About us
FACTS AND FIGURES
Scottish Legal Aid Board Annual Report 2007-08
46
Board Members and
Executive Team
1
Board Members are appointed
by Scottish Ministers.
The number of members
can vary from 11 to 15.
To give a balanced range of
knowledge and experience,
they include people with
backgrounds in business,
the advice sector and the wider
community, as well as solicitors,
advocates and a person with
knowledge of courts procedure
and practice.
We keep a register of Board
Members’ interests in line with
the Code of Best Practice for
Board Members of Public Bodies.
Members must tell us all relevant
interests and we update the
register every quarter. You can
read the register, and more about
the work of Board Members, on
our website www.slab.org.uk
10
1. Iain A. Robertson CBE,
Chairman
Appointed 1 April 2006
Iain Robertson was chief
executive of Highlands and
Islands Enterprise (HIE) from
1990 to 2000 having previously
spent 15 years with BP, latterly
as Director of Acquisitions and
Divestitures in the USA.
He is a member of the Accounts
Commission and an Independent
Member of the Department
for Business, Enterprise and
Regulatory Reform (BERR) Legal
Services Group Board. He is also
chair of the Coal Liabilities
Strategy Board at BERR.
2. Graham Bell QC
Appointed 1 April 2006
Graham Bell has been a member
of the Scottish Bar since 1980
and a Queen’s Counsel since
1991. He is currently a member
of the Scottish Criminal Cases
Review Commission and a legal
panel member for Mental Health
Tribunal Scotland.
11
2
3. Les Campbell
Appointed 1 September 2006
Les Campbell is a Chartered
Accountant and is currently
Finance Director at Student
Loans Company Ltd. Before
joining Student Loans Company,
he was Director of Finance and
Corporate Services at Glasgow
Housing Association and prior
to that he spent over 25 years in
a variety of financial roles in the
private sector. He is also a Board
Member at the charity Quarriers.
4. William Gallagher
Appointed 1 April 2000
Willie Gallagher holds
a number of directorships in
both private and public sectors.
He is Executive Chairman of
Transport Initiatives Edinburgh
and a director of Touchdown
Services and Lothian Buses plc.
He is a Chartered Engineer
and was previously Director
of Customer Services for the
ScottishPower group.
Mr Gallagher stepped down
from the Board in March 2008
at the end of his second term
as a Board member.
12
13
3
5. Joseph Hughes
Appointed 1 September 2006
Joseph Hughes qualified
as a solicitor in 1984 and set
up his own practice in 1986
specialising in criminal court
work. He is currently a senior
partner operating five offices.
He is a criminal solicitor advocate
and member of the Centre
for Crime and Justice Studies
at King’s College, London.
He also holds a number of
tribunal and voluntary sector
posts, including a director of
Turning Point Scotland and
Vice-Chair of the Scottish
Committee of NCH Scotland.
6. Denise Loney
Appointed 1 January 2007
Denise Loney qualified as
a solicitor in 1987 and has held
a variety of positions in private
practice from trainee to partner.
Her area of expertise is civil
litigation and she is currently
a partner in Semple Fraser LLP,
in Glasgow.
7. Paul McBride QC
Appointed 1 April 2006
Paul McBride joined the Bar
in 1988 and became a Queen’s
Counsel in 2000. He is currently
Vice Chairman of the Faculty
of Advocates criminal bar
association and has served
as an Advocate Depute.
14
facts and figures
Scottish Legal Aid Board Annual Report 2007-08
47
Introduction
4
5
c
b. Colin Lancaster
Director of Policy
and Development
Colin joined the Board in June
1997 and was appointed Director
in 2007. Colin has a policy
and research background
and is responsible for policy
development, research, analysis
and management information
and communications.
d
e
d. Ian Middleton
Director of Audit and Compliance
Ian joined the Board in 1987.
He is responsible for internal
audit, compliance audits, solicitor
and application investigations
and the Board’s Independent
Checking and Quality Unit.
e. Tom Murray
Director of Legal Services
and Applications
Tom is a solicitor who has
worked at the Board since
May 1986. He previously
worked in private practice.
Tom is responsible for all legal
services and applications areas,
which include decision making on
civil, criminal and children’s legal
aid cases.
About us
b
Senior staff
a. Lindsay Montgomery
Chief Executive
Lindsay joined the Board in
July 1999. He previously worked
in public bodies including
SNH and HM Treasury. He is
responsible to the Board for
the organisation’s performance
and management of activities.
c. Andrew Menzies
Director of Corporate Services
and Accounts
Andrew joined the Board in
March 2003. He has extensive
public sector experience in
financial roles. He is responsible
for the Board’s finance, accounts,
IS, HR and facilities services.
Statement of accounts
a
13. Sheriff Kenneth Ross
Appointed 1 April 2004
Sheriff Ross has been a sheriff
in Dumfries since 2000. He has
previously served as a sheriff
in Linlithgow for three years
and as a temporary sheriff
for 10 years. Before becoming
a sheriff, he was a solicitor
for 23 years. He is a former
President of the Law Society
of Scotland and is a member
of the Judicial Appointments
Board for Scotland.
14. Graham Watson
Appointed 1 April 2006
Graham Watson retired from
the Royal Air Force in 2003
as a Group Captain after
31 years service. He is currently
a member of Fife NHS Board
where he is Chair of the Audit
Committee. He has over
30 years of senior management
experience in a wide range
of appointments.
9
Statistical tables
10. David Nicol
Appointed 1 April 2002
David Nicol is a solicitor and
partner with Allan McDougall
Solicitors, Edinburgh. He has
been a legal adviser at a legal
clinic run by a voluntary
organisation for over 10 years
and is a director of Family
Mediation Lothian.
12. Elaine Rosie
Appointed 1 January 2005
Elaine Rosie has been the
Training and Development
Manager with Shelter Scotland
since 2000, with responsibility
for training and the Scottish
Homelessness Advisory Service.
Before this, she was the Depute
Director of Shelter Scotland for
eight years, with responsibility
for managing all Shelter’s advice
and legal services provision
in Scotland.
8
Facts and figures
9. Ellen Morton
Appointed 1 December 2002
An elected local councillor
for Argyll and Bute since 1999,
Ellen Morton is a part-time
member of the Asylum and
Immigration Tribunal. Her
experience includes 30 years
in various teaching posts,
and managing a business.
11. Professor Mahendra Raj
Appointed 1 September 2006
Professor Raj has been Professor
of Finance at Robert Gordon
University since 1996. He has
held several public and voluntary
appointments. Professor Raj
resigned as a Board Member
from 1 August 2007.
7
Year in review
8. Susan McPhee
Appointed 1 January 2005
Susan McPhee has been
the Head of Social Policy and
Public Affairs with Citizens Advice
Scotland since 1998. Before this,
she was legal services adviser
with Citizens Advice Scotland,
having previously been
a solicitor in private practice
from 1981 to 1990.
6
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
48
Statistical tables
This section shows our
statistics on performance
against target, and
costs and volumes
for the different types
of legal assistance.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
49
1.1Initial applications for legal assistance........................................................... 50
1.2 Grants of legal assistance............................................................................... 50
1.3Total payments for administration and Legal Aid Fund.....................................51
1.4Total cost to the taxpayer of legal assistance...................................................51
1.5Average case cost . ..........................................................................................52
1.6 Payments made.............................................................................................. 53
2. Our performance
3. Civil legal assistance
Civil legal assistance key figures
Civil advice and assistance and ABWOR
3.4Intimations of civil advice and assistance and ABWOR by subject matter.........61
3.5Intimations of civil advice and assistance and ABWOR by gender................... 62
3.6Increases in limit of authorised expenditure of civil advice
and assistance and ABWOR............................................................................. 62
3.7Reconsideration of an application for an increase in limit
of authorised expenditure............................................................................... 62
3.8Disposal of applications under Regulation 16(3) (Hardship Provisions)
of the Advice and Assistance (Scotland) Regulations 1996............................. 62
Civil legal aid
3.20Accounts paid and average case costs – civil advice and assistance
and ABWOR..................................................................................................... 66
3.21Accounts paid and average case costs – civil legal aid.....................................67
3.22Amounts recovered by the Legal Aid Fund....................................................... 68
3.23Accounts paid under special urgency (whereby in certain circumstances
work carried out where legal aid is not subsequently granted, is paid for
out of the Legal Aid Fund)................................................................................ 68
4. Criminal legal assistance
4.1Total grants of criminal legal assistance......................................................... 69
4.2Total cost to the taxpayer of providing criminal legal assistance..................... 69
4.3Total cost of criminal legal assistance by type of case..................................... 69
Criminal advice and assistance and ABWOR
4.4Intimations of criminal advice and assistance and ABWOR
by subject matter............................................................................................ 70
4.5Intimations of criminal advice and assistance and ABWOR by gender............. 70
4.6Increases in limit of authorised expenditure of criminal advice and
assistance and ABWOR................................................................................... 71
4.7 Reconsideration of an application for an increase in limit
of authorised expenditure............................................................................... 71
Children’s legal assistance key figures
5.1Total grants of children’s legal assistance...................................................... 78
5.2Total cost to the taxpayer of providing children’s legal assistance.................. 78
Children’s advice and assistance
5.3Intimations of children’s advice and assistance.............................................. 78
5.4Intimations of children’s advice and assistance by gender.............................. 78
5.5Increases in limit of authorised expenditure of children’s advice
and assistance................................................................................................ 78
5.6 Reconsideration of an application for an increase in limit of
authorised expenditure.................................................................................. 78
Legal aid for applicants in children’s cases
5.7 Grants of legal aid by the courts under the Children (Scotland) Act 1995........ 78
5.8Sanctions in children’s legal aid cases............................................................ 79
5.9Applications to the Board in respect of appeals to the Court of Session
and the Sheriff Principal................................................................................. 79
5.10Sanctions for appeals..................................................................................... 79
Children’s legal assistance expenditure
5.11Accounts paid and average case costs – children’s advice and assistance ..... 79
5.12Analysis of accounts paid – children’s legal aid.............................................. 79
6. Contempt of court
6.1Grants of legal aid by the courts under section 30 of the Legal Aid
(Scotland) Act 1986 (Contempt)...................................................................... 80
6.2Analysis of accounts paid................................................................................ 80
7. Analysis of payments
7.1Legal assistance expenditure......................................................................... 81
7.2Analysis of payments for all categories........................................................... 82
7.3 Grant-In-Aid expenditure................................................................................ 82
8. PDSO, the Public Defence Solicitors’ Office
About the Public Defence Solicitors’ Office
8.1Expenditure.................................................................................................... 83
8.2 PDSO costs and volumes................................................................................. 83
9. Other information
Complaints about the Scottish Legal Aid Board
9.1Complaints and reviews received and cleared................................................. 84
9.2Complaints cleared within target.................................................................... 84
9.3Cleared complaints considered justified......................................................... 84
9.4Complaints considered by the Scottish Public Services Ombudsman (SPSO). 84
Requests under the Freedom of Information (Scotland) Act 2002
9.5Information requests and decisions (FOI)........................................................ 85
9.6 Review of refusal notices................................................................................ 85
9.7Appeals to the Scottish Information Commissioner........................................ 85
Payments made
Information on payments made to all solicitors’ firms, advocates and solicitor advocates
in 2007-2008 for legal assistance work is available on our website www.slab.org.uk
About us
Criminal legal assistance key figures
5. Children’s legal assistance
Statement of accounts
Civil legal assistance expenditure
4.22Accounts paid and average case costs – criminal advice and assistance
and ABWOR......................................................................................................75
4.23 Duty solicitor – accounts..................................................................................76
4.24Accounts paid and average case costs by proceedings – criminal legal aid.....76
4.25 Numbers of cases and average case costs by type of case and court.............. 77
Statistical tables
3.9Civil legal aid applications.............................................................................. 62
3.10Civil legal aid grants (including grants on review)........................................... 63
3.11Intimations of steps taken under Regulation 18(1)(a) and certificates
granted under Regulation 18(1)(b) of the Civil Legal Aid (Scotland)
Regulations 2002 (legal aid in matters of special urgency)............................. 63
3.12Analysis of full applications where legal aid was refused or abandoned
at first instance............................................................................................... 63
3.13 Disposal of applications for review of decision to refuse legal aid.................. 63
3.14Applications for civil legal aid and decisions by gender.................................. 64
3.15Applications for civil legal aid and decisions by pursuer/defender.................. 64
3.16Analysis of contributions payable by assisted persons................................... 64
3.17Sanctions in civil legal aid cases..................................................................... 64
3.18Applications for extensions of grants of civil legal aid.....................................65
3.19Applications for change of solicitor in civil legal aid cases...............................65
Criminal legal assistance expenditure
Facts and figures
3.1Total grants of civil legal assistance................................................................ 60
3.2Total net cost to the taxpayer of providing civil legal assistance..................... 60
3.3Total net cost of civil legal assistance by type of case..................................... 60
4.8Applications to the Board for summary criminal legal aid............................... 71
4.9 Grants by the Board of summary criminal legal aid......................................... 71
4.10Refusals of summary criminal legal aid at first instance by reason
for refusal....................................................................................................... 72
4.11 Disposal of applications for review of decision to refuse summary
criminal legal aid............................................................................................. 72
4.12 Grants of legal aid by the courts in summary proceedings under
Legal Aid (Scotland) Act 1986 section 23(1)(b)................................................ 72
4.13Intimations of automatic legal aid for other courts and under
section 22(1)(d)............................................................................................... 72
4.14 Grants of legal aid by the courts in solemn proceedings................................. 73
4.15Applications for criminal legal aid and decisions by gender............................ 73
4.16Criminal appeals – applications...................................................................... 73
4.17 Duty solicitor appearances............................................................................. 73
4.18Sanctions in criminal legal aid cases...............................................................74
4.19Applications for exceptional status in fixed payment cases.............................74
4.20Applications under Regulation 15 of the Criminal Legal Aid (Scotland)
Regulations 1996 (matters of special urgency)................................................74
4.21 Requests for change of solicitor in criminal legal aid cases..............................74
Year in review
2.1 Headline targets and performance.................................................................. 54
2.2Advice and assistance applications................................................................ 54
2.3Civil legal aid applications...............................................................................55
2.4Criminal legal aid applications........................................................................ 56
2.5Children’s legal aid applications..................................................................... 57
2.6Accounts......................................................................................................... 58
2.7Corporate targets............................................................................................ 58
2.8 Headline targets and performance 2003-2008................................................59
2.9 Notes and definitions.......................................................................................59
Criminal legal aid
Introduction
1. Key statistics 1998-2008
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
50
1. Key statistics 1998-2008
1.1 Initial applications for legal assistance
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
Total civil advice and assistance and ABWOR
166,236 168,233 166,988 160,391 150,911 138,258 128,944 117,601 109,214 90,014
Total criminal advice and assistance and ABWOR 144,951 150,847 162,424 164,888 159,363 159,033 152,174 145,208 142,775 122,075
Children’s advice and assistance
–
–
–
6,611
6,768
5,728 5,687 5,681 5,868 4,678
Total advice and assistance intimations
311,187 319,080 329,412 331,890 317,042 303,019 286,805 268,490 257,857 216,767
Civil legal aid initial applications
23,890
23,106
21,018
19,994
19,151
18,175
16,997
16,859
16,291
15,861
Applications to the Board for
summary criminal legal aid
64,156
64,818
69,137
76,527
79,927
82,999
86,269
85,916
89,984
82,657
Note
1.Before 2001-2002 children’s advice and assistance intimations were included with criminal advice and assistance.
1.2 Grants of legal assistance
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
Civil
Civil advice and assistance
Civil ABWOR
164,399 166,425 164,177 156,358 146,639 134,143 125,029 114,285 104,416
1,837
1,808
2,811
4,033
4,272
4,115
3,915
3,316
3,554
86,054
3,960
Civil advice and assistance and ABWOR (note 1)
166,236 168,233 166,988 160,391 150,911 138,258 128,944 117,601
107,970
90,014
11,323
10,650
Civil legal aid
15,661
14,551
13,557
11,167
13,480
12,322
10,989
10,982
Total civil legal assistance
181,897 182,784 180,545 171,558 164,391 150,580 139,933 128,583 119,293 100,664
Criminal
Criminal advice and assistance (note 2)
Criminal ABWOR (note 1)
123,829 128,805 140,058 142,400 137,732 136,102 131,521 125,257 125,027 104,747
21,122 22,042 22,366 22,488 21,631 22,931 20,653 19,951 18,992 17,328
Total criminal advice and assistance and ABWOR 144,951 150,847 162,424 164,888 159,363 159,033
Summary criminal legal aid:
• Board granted
• Court granted
58,534
3,157
59,188
1,472
62,801
860
70,832
1,017
Total summary criminal
61,691
60,660
63,661
71,849
Solemn criminal legal aid (court granted)
9,431
Automatic legal aid
–
Appeals
2,788
Duty solicitor appearances, including PDSO (note 3) 27,397
9,233
–
3,228
25,104
9,471
–
3,242
23,885
9,966
–
3,002
22,141
Total criminal legal assistance
73,767
1,170
152,174 145,208 144,019 122,075
75,414
1,142
79,343
1,153
78,677
1,374
81,146
1,540
74,102
1,480
74,937
76,556
80,496
80,051
82,686
75,582
10,978
144
2,776
26,491
11,399
193
2,629
31,163
10,967
539
2,551
32,843
11,811
1,007
2,453
32,210
13,898
1,110
2,134
34,713
12,782
946
1,874
36,041
246,258 249,072 262,683 271,846 274,689 280,973 279,570 272,740 278,560 249,300
Children’s
Children’s advice and assistance (note 2)
Children’s legal aid including appeals
–
2,511
–
2,833
–
2,841
6,611
2,853
6,768
3,118
5,728
3,654
5,687
3,668
5,681
3,986
5,868
4,461
4,678
4,206
Total children’s legal assistance
2,511
2,833
2,841
9,464
9,886
9,382
9,355
9,667
10,329
8,884
162
167
165
148
239
206
227
300
472
506
Contempt of court
Contempt of court legal aid (note 4)
Total grants of legal assistance
430,828 434,856 446,234 453,016 449,205 441,141 429,085 411,290 408,654 359,354
Notes
1.Before 1999-2000 grants of ABWOR were only recorded in total and not recorded as being civil or criminal grants. The figures stated for 1998-1999 are
estimated as 8% of all ABWOR grants, for civil matters, and 92% for criminal. This is based on the proportions for ABWOR in 1999-2000 which recorded
civil and criminal separately.
2.Before 2001-2002 children’s advice and assistance intimations were included with criminal advice and assistance.
3.Duty work undertaken by PDSO is included in the total duty solicitor appearances from 2002-2003.
4.Advice and assistance for contempt of court is included within criminal advice and assistance.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
51
Introduction
1. Key statistics 1998-2008 continued
1.3 Total payments for administration and Legal Aid Fund
7,564
8,533
9,116
9,513
10,475
10,910
11,258
12,258
12,826
13,193
Legal Aid Fund (gross expenditure)
Less civil legal assistance income received
138,125 130,157 130,470 135,884 144,835 157,281 164,621 158,655 161,837 167,832
9,448
9,967
9,280
8,540
9,668 11,350 12,203 10,804 11,668 12,762
Total net legal aid expenditure
128,677 120,190 121,190 127,344 135,167 145,931 152,418 147,851 150,169 155,070
Year in review
Grant-In-Aid
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
£000
£000
£000
£000
£000
£000
£000
£000
£000
£000
Note
1. The Grant-In-Aid and Legal Aid figures for 2006-2007 have been restated.
Civil legal assistance
Civil advice and assistance
Civil ABWOR (note 1)
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 £000
£000
£000
£000
£000
£000
£000
£000
£000
£000
18,315
370
18,133
370
18,648
472
17,810
1,006
18,856
1,865
18,925
2,546
18,664
2,636
18,174
2,532
17,304
1,912
16,555
2,623
19,120
18,816
20,721
21,472
21,299
20,706
19,216
19,178
30,246
9,967
28,755
9,280
28,347
8,540
27,071
9,668
29,994
11,350
30,821
12,203
29,627
10,804
31,428
11,668
33,138
12,762
Civil legal aid (net cost)
22,645
20,279
19,475
19,807
17,403
18,644
18,618
18,823
19,760
20,377
–
–
–
–
–
–
–
–
–
265
41,330
38,782
38,595
38,623
38,124
40,116
39,917
39,530
38,976
39,820
Criminal legal assistance
Criminal advice and assistance (notes 2, 3)
Criminal ABWOR (note 1)
7,504
2,271
7,512
2,272
8,281
2,798
8,583
2,880
8,880
3,361
9,012
3,444
8,989
3,940
8,088
3,730
8,132
3,724
7,474
3,534
Total criminal advice and assistance and ABWOR
9,775
9,784
11,079
11,463
12,241
12,456
12,929
11,818
11,856
11,007
48,589
44,927
40,407
42,016
46,056
48,859
50,990
50,320
52,134
52,604
24,333
1,555
21,893
1,748
25,196
2,146
28,737
2,460
31,052
2,410
37,457
2,413
39,174
4,141
36,147
3,888
37,254
3,310
40,954
3,334
74,477
68,568
67,749
73,213
79,518
88,729
94,306
90,355
92,698
96,892
943
405
870
430
835
390
813
357
878
344
945
376
969
827
1,031
793
1,203
864
1,308
1,321
85,600
79,652
80,053
85,846
Children’s legal assistance
Children’s advice and assistance (note 2)
Legal aid for children
–
1,719
–
1,725
–
2,501
–
2,827
595
3,357
426
2,733
455
2,906
457
3,759
458
3,980
419
4,110
Total children’s legal assistance
1,719
1,725
2,501
2,827
3,952
3,159
3,361
4,216
4,439
4,529
Other
Contempt of court (note 3)
28
31
41
40
59
87
67
77
102
149
Miscellaneous payments
0
0
0
8
51
63
42
31
31 43
Part V
Total civil legal assistance
Summary criminal legal aid, including
automatic legal aid
Solemn criminal legal aid (court granted)
Appeals
Total criminal legal aid
Duty solicitor appearances
Public Defence Solicitors’ Office (PDSO)
Total criminal legal assistance
Total cost of legal assistance to the taxpayer
92,981 102,506 109,031 103,997 106,622 110,529
128,677 120,190 121,190 127,344 135,167 145,931 152,418 147,851 150,169 155,070
Notes
1.Before 2000-2001 accounts paid for ABWOR were only recorded in total and not recorded as being civil or criminal ABWOR matters. The figures stated
for 1998-2000 are estimated as 14% of all ABWOR payments for civil matters, and 86% for criminal. This is based on the proportions for ABWOR
in 2000-2001 which recorded civil and criminal separately.
2.Before 2002-2003 children’s advice and assistance accounts were included within criminal advice and assistance.
3.Advice and assistance for contempt of court is included within criminal advice and assistance.
4.Expenditure for miscellaneous payments for 2006-2007 has been restated, and consequently the total figure for the cost of legal assistance to the taxpayer
has been restated.
5. The cost of the Civil Legal Assistance Office (Inverness) and other Part V activities is now shown.
About us
18,503
32,093
9,448
Statement of accounts
18,685
Civil legal aid gross expenditure
Less civil legal assistance income received
Statistical tables
Total civil advice and assistance and ABWOR
Facts and figures
1.4 Total cost to the taxpayer of legal assistance
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
52
1. Key statistics 1998-2008 continued
1.5 Average case cost
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
£
£
£
£
£
£
£
£
£
£
Civil legal assistance
Advice and assistance
ABWOR
Civil legal aid
130
–
1,764
129
–
1,918
133
488
2,005
141
438
2,197
148
536
2,257
157
660
2,358
166
707
2,515
174
698
2,561
186
694
2,643
200
875
2,614
Criminal legal assistance
Advice and assistance
ABWOR
Summary criminal legal aid
Solemn criminal legal aid (including appeals)
63
–
820
2,428
62
–
832
2,729
63
181
652
2,137
67
151
639
2,537
69
187
649
2,751
69
180
649
3,146
69
205
646
3,072
68
211
645
2,799
69
225
645
2,961
72
234
646
2,824
Children’s legal assistance
Advice and assistance
Children’s legal aid
–
878
–
909
–
1,053
100
1,359
99
1,455
86
1,069
91
1,003
90
1,120
89
1,126
94
1,092
Contempt legal aid
Contempt of court legal aid
286
193
268
302
302
474
370
340
295
346
Notes
1.Before 2001-2002 children’s advice and assistance was included within criminal advice and assistance.
2.Before 2000-2001 accounts paid for ABWOR were only recorded in total and not recorded as being civil or criminal ABWOR separately.
An average case cost in these years has not been estimated.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
53
Introduction
1. Key statistics 1998-2008 continued
1.6 Payments made
Counsel
8,920
553
7,404
478
9,935
708
11,003
1,236
11,944
1,598
15,446
2,408
16,317
2,456
16,135
2,209
17,972
2,779
18,911
2,726
9,473
7,882
10,643
12,239
13,542
17,854
18,773
18,344
20,751
21,637
Solicitors
Outlays
113,336 108,292 106,325 109,455 115,916 122,940 127,329 122,702 122,026 126,443
14,911 13,553
13,112 13,824 14,981 16,047
17,650 16,785 18,165 18,123
Total
137,720 129,727 130,080 135,518 144,439 156,841 163,752 157,831 160,942 166,203
Counsel
2,940
1
2,640
0
3,482
5
3,099
8
3,238
1
4,157
2
4,384
3
4,605
0
4,929
7
5,474
0
2,640
3,487
3,107
3,239
4,159
4,387
4,605
4,936
5,474
21,541
7,611
19,963
7,643
17,925
7,343
17,603
7,637
16,306
7,526
17,962
7,873
17,793
8,641
17,025
7,997
16,704
9,788
18,234
9,431
Total
32,093
30,246
28,755
28,347
27,071
29,994
30,821
29,627
31,428
33,138
Criminal legal aid payments made
(excluding duty and contempt)
Advocates
Solicitor Advocates
5,850
551
4,639
477
6,150
700
7,186
1,222
7,813
1,592
10,714
2,400
11,501
2,448
10,390
2,201
12,100
2,761
11,993
2,700
Counsel
6,401
5,116
6,850
8,408
9,405
13,114
13,949
12,591
14,861
14,693
Solicitors
Outlays
62,521
5,555
59,284
4,168
57,170
3,729
60,889
3,916
65,771
4,341
70,706
4,909
74,953
5,404
72,528
5,236
72,686
5,151
76,684
5,516
Total
74,477
68,568
67,749
73,213
79,517
88,729
94,306
90,355
92,698
96,892
Statistical tables
2,941
Solicitors
Outlays
Facts and figures
Civil legal aid payments made
Advocates
Solicitor Advocates
Year in review
Total legal assistance payments made
Advocates
Solicitor Advocates
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
£000
£000
£000
£000
£000
£000
£000
£000
£000
£000
Notes
1.Fees paid to solicitors, advocates and solicitor advocates includes VAT.
2.In this table payments made to counsel are the sum of amounts paid to advocates and solicitor advocates.
Statement of accounts
About us
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
54
2. Our performance
Calculating our performance
Targets and outcomes in this section are rounded to the nearest whole percentage point. Where standards are shown these are for the most recent year shown.
Some standards may have changed from the previous year.Before 2007-2008 children’s timeliness performance figures were included as part of the criminal
figures. Before 2007-2008 children’s performance figures were included within the criminal performance figures.
2.1 Headline targets and performance
Target
Actual
2007-2008 2006-2007
Applications
Advice and assistance applications
Civil legal aid applications
Criminal legal aid applications
Children’s legal aid applications
97%
95%
99%
99%
98%
99%
100%
99%
98%
98%
100%
–
Accounts
Advice and assistance accounts
Civil accounts
Criminal accounts
Children’s accounts
97%
97%
97%
97%
99%
99%
99%
100%
99%
99%
99%
–
2.2 Advice and assistance applications
A large proportion of advice and assistance is now transacted online with the Board. Separate, more demanding, Key Performance targets are now in place
for online business reflecting the more immediate nature of this activity.
Headline
Weighting
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
Accuracy
Headline
0.5
0.5
96%
98%
96%
99%
97%
99%
–
97%
98%
98%
Timeliness
Standard
Target
Actual
Percentage of applications actioned within service standard time 2007-2008 2007-2008 2006-2007
Intimations of a grant of advice and assistance by a solicitor (paper)
Intimations of a grant of advice and assistance by a solicitor (online)
Requests for increase in authorised expenditure (paper)
Requests for increase in authorised expenditure (online)
Requests for change of nominated solicitor
Requests to reconsider a decision by the Board
within 7 days
within 3 days
within 7 days
within 4 days
within 7 days
within 7 days
97%
97%
95%
95%
95%
94%
95%
100%
95%
96%
77%
92%
97%
99%
97%
97%
97%
94%
All application types
within standard
96%
96%
97%
Accuracy
Standard
Target
Actual
Percentage of decisions that are free of material errors 2007-2008 2007-2008 2006-2007
Intimations of grants of advice and assistance by a solicitor
Requests for increase in authorised expenditure
Requests for change of nominated solicitor
Requests to reconsider a decision by the Board
error free
error free
error free
error free
98%
98%
98%
98%
100%
99%
100%
99%
100%
99%
100%
98%
All application types error free
98%
99%
99%
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
55
Introduction
2. Our performance continued
2.3 Civil legal aid applications
Headline
Weighting
Target
Actual
2007-2008 2007-2008 2006-2007
0.5
0.5
94%
96%
99%
99%
96%
99%
Headline
–
95%
99%
98%
Year in review
Timeliness
Accuracy
Timeliness
Standard
Target
Actual
Percentage of applications actioned within service standard time 2007-2008 2007-2008 2006-2007
All application types
within 35 days
within 10 days
within 10 days
within 30 days
within 25 days
within 33 days
within 2 days
within 4 days
within 20 days
94%
94%
94%
90%
93%
93%
97%
97%
93%
99%
99%
100%
95%
95%
*
100%
100%
100%
95%
98%
98%
93%
94%
*
99%
99%
99%
within standard
94%
99%
96%
Accuracy
Standard
Target
Actual
Percentage of decisions that are free of material errors 2007-2008 2007-2008 2006-2007
error free
error free
error free
error free
error free
error free
error free
error free
error free
96%
96%
96%
96%
96%
96%
96%
96%
96%
98%
100%
100%
99%
99%
*
100%
100%
100%
98%
100%
100%
99%
100%
*
97%
100%
100%
All application types error free
96%
99%
99%
Statement of accounts
Initial applications
Sanction to employ counsel, expert witnesses or incur unusual costs
Requests to change solicitor
Reviews of refusal of initial application
Requests to extend the scope of the case within 14 day intimation period
Requests to extend the scope of the case within 28 day intimation period
Reassessment of financial eligibility
Special urgency cases
Special urgency cases received Friday – Sunday
Statistical tables
Note
* No requests to extend the scope of the case were received.
Facts and figures
Initial applications
Sanction to employ counsel, expert witnesses or incur unusual costs
Requests to change solicitor
Reviews of refusal of initial application
Requests to extend the scope of the case within 14 day intimation period
Requests to extend the scope of the case within 28 day intimation period
Special urgency cases
Special urgency cases received Friday – Sunday
Stage reports
Note
* No requests to extend the scope of the case were received.
About us
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
56
2. Our performance continued
2.4 Criminal legal aid applications
Headline
Weighting
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
Accuracy
0.5
0.5
99%
98%
100%
100%
100%
100%
Headline
–
99%
100%
100%
Timeliness
Standard
Target
Actual
Percentage of applications actioned within service standard time 2007-2008 2007-2008 2006-2007
Initial applications in summary cases
Sanction to employ counsel, expert witnesses or incur unusual costs
Requests to change solicitor
Reviews of refusal of initial application
Application to make an appeal in court Requests to reconsider a decision by the Board
Special urgency cases (summary first instance and appeals)
Exceptional cases
within 10 days
within 6 days
within 6 days
within 9 days
within 7 days
within 9 days
within 3 days
within 5 days
99%
99%
99%
99%
99%
99%
99%
99%
100%
100%
100%
100%
100%
100%
100%
95%
100%
100%
100%
100%
100%
100%
100%
98%
All application types
within standard
99%
100%
100%
Accuracy
Standard
Target
Actual
Percentage of decisions that are free of material errors 2007-2008 2007-2008 2006-2007
Initial applications in summary cases
Sanction to employ counsel, expert witnesses or incur unusual costs
Requests to change solicitor
Reviews of refusal of initial application
Application to make an appeal in court Requests to reconsider a decision by the Board
Special urgency cases (summary first instance and appeals)
Exceptional cases
error free
error free
error free
error free
error free
error free
error free
error free
98%
98%
98%
98%
98%
98%
98%
98%
100%
100%
100%
100%
100%
100%
100%
98%
100%
100%
100%
100%
100%
100%
100%
100%
All application types error free
98%
100%
100%
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
57
Introduction
2. Our performance continued
2.5 Children’s legal aid applications
Headline
Weighting
Target
Actual
2007-2008 2007-2008 2006-2007
0.5
0.5
99%
98%
99%
–
–
–
Headline
–
99%
99%
–
Year in review
Timeliness
Accuracy
Timeliness
Standard
Target
Actual
Percentage of applications actioned within service standard time 2007-2008 2007-2008 2006-2007
All application types
within 6 days
within 6 days
within 10 days
within 9 days
within 3 days
99%
99%
99%
99%
99%
98%
100%
95%
100%
100%
–
–
–
–
–
within standard
99%
99%
–
Facts and figures
Sanction to employ counsel, expert witnesses or incur unusual costs
Requests to change solicitor
Application to make an appeal in court Requests to reconsider a decision by the Board
Special urgency cases (summary first instance and appeals)
Note
1. No accuracy figures were reported during the year.
Statistical tables
Statement of accounts
About us
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
58
2. Our performance continued
2.6 Accounts
Advice and assistance
Standard
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
– percentage of online accounts actioned within service standard time
Timeliness
– percentage of paper accounts actioned within service standard time
within 15 days
97%
95%
96%
within 30 days
97%
99%
99%
Accuracy
– percentage of accounts that are free of material errors
error free
96%
98%
99%
Headline
–
97%
99%
99%
Civil legal aid
Standard
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
– percentage of Judicial Expenses accounts actioned
within service standard time
Timeliness
– percentage of all other accounts actioned within service standard time
within 17 days
97%
98%
–
within 30 days
97%
99%
99%
Accuracy
– percentage of accounts that are free of material errors
error free
96%
98%
98%
Headline
–
97%
99%
99%
Criminal legal aid
Standard
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
– percentage of all accounts actioned within service standard time
Accuracy
– percentage of fixed payment accounts that are free of material errors
Accuracy
– percentage of detailed accounts that are free of material errors
Accuracy
– percentage of accounts that are free of material errors
Headline
within 30 days
97%
99%
99%
error free
98%
99%
99%
error free
96%
98%
99%
error free
97%
99%
99%
–
97%
99%
99%
Children’s legal aid
Standard
Target
Actual
2007-2008 2007-2008 2006-2007
Timeliness
– percentage of accounts actioned within service standard time
within 30 days
97%
100%
–
Accuracy
– percentage of accounts that are free of material errors
error free
96%
100%
–
Headline
–
97%
100%
–
2.7 Corporate targets
Standard
Target
Actual
2007-2008 2007-2008 2006-2007
Complaints handling
Freedom of information
Payment for goods and services
Collection of contributions
within 28 days
20 working days
within 30 days
percentage due
–
–
98%
90%
93%
93%
95%
95%
90%
92%
99%
93%
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
59
Introduction
2. Our performance continued
2.8 Headline targets and performance 2003-2008
Headline target
2003-2004 2004-2005
2005-2006
2006-2007 2007-2008
95%
90%
95%
–
96%
92%
99%
–
97%
93%
99%
–
97%
94%
99%
–
98%
95%
99%
99%
Advice and assistance accounts
Civil accounts
Criminal accounts
Children’s accounts
95%
91%
96%
–
96%
95%
97%
–
96%
96%
97%
–
96%
97%
97%
–
96%
97%
97%
97%
2005-2006
2006-2007 2007-2008
98%
93%
99%
–
99%
93%
99%
–
99%
95%*
99%
–
98%
98%
100%
–
98%
99%
100%
99%
Advice and assistance accounts
Civil accounts
Criminal accounts
Children’s accounts
98%
98%
99%
–
99%
98%
99%
–
99%
99%
99%
–
99%
99%
99%
–
99%
99%
99%
100%
Note
* A new civil applications computer system was introduced in the summer of 2005. Performance figures shown are for the six months from 1 September 2005.
Statistical tables
Advice and assistance applications
Civil legal aid applications*
Criminal legal aid applications
Children’s legal aid applications
Facts and figures
Headline performance
2003-2004 2004-2005
Year in review
Advice and assistance applications
Civil legal aid applications
Criminal legal aid applications
Children’s legal aid applications
2.9 Notes and definitions
Applications:
‘Actioned within service standard’ is measured from the date of receipt until the date of final decision, excluding any periods where the application has been
continued for further information. In the case of an intimation of a grant of advice and assistance, the service standard is met when the Board issues to the
solicitor an acknowledgement of the grant.
All timeliness targets are in calendar days and exclude public holidays. Where we do not meet our standard, we aim to contact the applicant and/or solicitor
within three days to provide a decision or a status update with an indication of when a decision will be made.
Accounts:
All timeliness standards are in calendar days, and exclude public holidays. Performance targets are a percentage of the number of accounts actioned
within 30 calendar days (excluding public holidays). The 30 day period begins on the day the account is received by the Board when this is before 12 noon.
For accounts received after 12 noon, the 30 day period will begin from the next business day. It ends when: a payment is processed to BACS, a letter
seeking further information is issued, or an offer is made. This applies to properly prepared and vouched accounts.
Civil and criminal accounts are actioned by way of an offer letter or a request for further information. Where an offer can be made, payment will be made at
the time of the offer. Advice and assistance accounts are actioned by way of payment or issuing a letter about abatements or requesting further information.
No payments on offer can be made.
About us
A final decision on an application is considered to have been taken if we have intimated any of the following:
(a) a decision to grant legal aid
(b) a decision to refuse legal aid
(c) a decision to abandon the application
Statement of accounts
Targets and outcomes are rounded to the nearest percentage. This means where performance is shown as 100% a small number of cases may not have
achieved the standard. The targets for all application types such as timeliness, are calculated in proportion to the volumes of each individual legal aid type
that the Board receives and the target set for that type. They are not calculated using a simple arithmetic average.
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
60
3. Civil legal assistance
Civil legal assistance key figures
The cost of the Civil Legal Assistance Office (Inverness) and other Part V activities is now shown in the relevant tables below.
In addition, ‘Adults with incapacity’ is shown as a separate type of case. In previous years it has been included within ‘Other’.
May 2007 saw a large-scale change to the structure of advice and assistance with the introduction of new categories, diagnostic categories in civil and the
switching and regrouping of some categories between civil and criminal. In tables 3.1, 3.2, 3.4 and 3.5 below the figures for 2006-2007 have been restated
to enable like-for-like comparisons.
3.1 Total grants of civil legal assistance
2007-2008 2006-2007
Civil advice and assistance
Civil ABWOR
86,054 105,694
3,960
3,520
Total civil advice and assistance and ABWOR
90,014 109,214
Civil legal aid
10,650
11,323
Total civil legal assistance 100,664 120,537
3.2 Total net cost to the taxpayer of providing civil legal assistance
2007-2008 2006-2007
£000
£000
Civil advice and assistance
Civil ABWOR
16,555
2,623
17,304
1,912
Total civil advice and assistance and ABWOR
19,178
19,216
Civil legal aid
20,377
19,760
Part V Service
265
–
Total civil legal assistance
39,820
38,976
3.3 Total net cost of civil legal assistance by type of case
Total
Total
net cost
net cost
2007-2008 2006-2007
£000
£000
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
Part V
20,805
1,103
4,205
480
285
426
845
11,405
265
20,204
1,255
4,917
506
514
370
–
11,210
–
Total net cost
39,820
38,976
Note
1. Table 7.1 provides more details on total expenditure and income received.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
61
Introduction
3. Civil legal assistance continued
Civil advice and assistance and ABWOR
3.4 Intimations of civil advice and assistance and ABWOR by subject matter
Subject matter 2007-2008 2006-2007
45
35
1,491
2,306
66
17
25
138
1,768
1,408
104
77
Total civil ABWOR
3,960
3,520
Total civil advice and assistance and ABWOR
90,014 109,214
Note
1. Prison rules became a civil matter in May 2007. All intimations for 2006-2007 and 2007-2008 are shown in this table.
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
About us
Civil ABWOR
Bankruptcy/petition by debtor
Employment tribunals
Immigration
Mental health
Sequestration
Other
Statement of accounts
86,054 105,694
Statistical tables
831
1,071
393
388
–
118
1,723
10,455
187
2,262
–
9,444
2,099
9,632
8,035
162
6,383
6,190
815
–
1,358
4,158
563
1,328
922
7,943
2,371
5,784
7,895
–
2,633
10,551
Facts and figures
Total civil advice and assistance
849
820
383
737
42
136
847
9,948
167
1,698
82
7,203
1,702
7,402
6,644
82
6,352
4,917
985
586
1,005
4,579
554
397
1,018
7,085
2,408
4,365
6,033
75
1,951
5,002
Year in review
Civil advice and assistance
Adults with Incapacity (Scotland) Act
Aliment/Child Support Agency
Antisocial Behaviour Orders (ASBO)
Breach of contract
Civic Government (Scotland) Act
Civil appeal
Complaints against professional bodies
Contact
Conveyancing
Criminal Injuries Compensation Agency
Discrimination
Divorce
Employment Hire purchase/debt
Housing Human rights
Immigration and asylum
Interdict/harassment/non-harassment
Judicial review
Medical negligence
Mental health Other family/matrimonial
Power of attorney
Prison rules
Recovery of heritable property Reparation
Residence
Separation
State benefit Summary applications
Wills/executry
Other
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
62
3. Civil legal assistance continued
3.5 Intimations of civil advice and assistance and ABWOR by gender
Male applicantFemale applicantNo gender recorded Total
Civil advice and assistance
Civil ABWOR
38,311
2,580
45%
65%
47,110
1,338
Total 2007-2008
Total 2006-2007
55%
34%
40,891
45%
48,448
54%
50,267
46%
58,814
54%
633
42
1%
1%
86,054
3,960
675
1%
90,014
133
0% 109,214
1. This table has been restructured to show applications with no gender recorded. Figures for 2006-2007 have been restated.
3.6 Increases in limit of authorised expenditure of civil advice and assistance and ABWOR
Applications for increase Increases granted
Increases refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Civil advice and assistance
Civil ABWOR
63,704
6,635
76,201
5,543
55,426
6,115
62,926
4,732
4,617
142
5,478
124
Total
70,339
81,744
61,541
67,658
4,759
5,602
Note
1. Decisions in table 3.6 do not include decisions after reconsideration. These are reported separately in table 3.7.
3.7 Reconsideration of an application for an increase in limit of authorised expenditure
Applications for reconsideration
Increases grantedIncreases refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Civil advice and assistance
Civil ABWOR
2,677
207
4,172
158
1,668
180
3,357
139
477
12
820
21
Total
2,884
4,330
1,848
3,496
489
841
3.8 Disposal of applications under Regulation 16(3) (Hardship Provisions) of the Advice and Assistance
(Scotland) Regulations 1996
Total
Applications
Granted payments
£000
Client claimed
Solicitor claimed
482
240
185
133
115
69
Total 2007-2008
Total 2006-2007
722
318
184
995
423
311
Civil legal aid
3.9 Civil legal aid applications
Sheriff court
Court of SessionOther courts
Total
Proceedings 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other 9,706
625
1,377
0
155
1,420
953
354
10,427
544
1,745
0
132
1,216
676
351
101
21
204
502
126
3
0
288
95
22
306
420
142
1
0
184
0
0
0
0
22
0
0
4
1
0
0
0
21
0
0
8
9,807
646
1,581
502
303
1,423
953
646
10,523
566
2,051
420
295
1,217
676
543
Total 14,590
15,091
1,245
1,170
26
30
15,861
16,291
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
63
Introduction
3. Civil legal assistance continued
3.10 Civil legal aid grants (including grants on review)
Sheriff courtCourt of SessionOther courts Total
Proceedings 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
7,086
260
777
0
77
695
909
181
7,863
224
1,061
0
67
635
604
165
81
9
121
179
75
1
0
182
66
12
196
221
89
0
0
103
0
0
0
1
12
0
1
3
7,167
269
898
180
164
696
910
366
7,929
236
1,257
221
168
635
604
273
Total
9,985 10,619
648
687
17
17
Grants with contribution
Grants with no contribution
10,650
2,463
8,187
11,323
2,831
8,492
Total
10,650
11,323
Average value of contribution, where payable
£1,027
£1,034
Note
1. This table shows contributions payable at the grant of the civil legal aid application, or when granted on review.
2007-2008 2006-2007
Intimations under regulation 18(1)(a)
Certifications under regulation 18(1)(b)
7,611
1,207
7,726
1,220
Total
8,818
8,946
Refused on meritsRefused on meansAbandoned Total
Court 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Court of Session
Sheriff court
Other courts
627
2,892
6
639
3,650
12
26
409
0
27
584
1
59
2,225
4
82
1,876
2
712
5,526
10
748
6,110
15
Total
3,525
4,301
435
612
2,288
1,960
6,248
6,873
About us
Note
1. In this table and in tables 3.14 and 3.15, refused on merits includes applications refused on the basis of no probable cause, or unreasonableness,
where the proceedings are statutorily excluded from civil legal aid.
3.13 Disposal of applications for review of decision to refuse legal aid
2007-2008 2006-2007
Applications Received
Allowed
Refused Received
Allowed
Statement of accounts
3.12 Analysis of full applications where legal aid was refused or abandoned at first instance
Statistical tables
3.11 Intimations of steps taken under Regulation 18(1)(a) and certificates granted under Regulation 18(1)(b)
of the Civil Legal Aid (Scotland) Regulations 2002 (legal aid in matters of special urgency)
Facts and figures
0
0
0
0
12
0
0
5
Year in review
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
Refused
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
1,182
204
586
115
87
90
74
165
1,073
119
344
52
53
88
69
126
199
77
228
55
38
15
7
56
1,472
172
747
161
93
117
93
173
1,167
103
428
68
59
89
87
97
327
84
356
101
42
28
3
77
Total
2,503
1,924
675
3,028
2,098
1,018
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
64
3. Civil legal assistance continued
3.14 Applications for civil legal aid and decisions by gender
Male applicant
2007-2008
2006-2007
Applications
Total grants
Refused on merits
Refused on means
Abandoned
6,734
4,150
1,959
149
1,003
42%
39%
56%
34%
44%
6,937
4,487
2,283
220
881
43%
40%
53%
36%
45%
Female applicant
2007-2008
2006-2007
9,127
6,500
1,566
286
1,285
58%
61%
44%
66%
56%
9,354
6,836
2,018
392
1,079
57%
60%
47%
64%
55%
2007-2008 2006-2007
Pursuer Defender
Other
Pursuer Defender
Other
3.15 Applications for civil legal aid and decisions by pursuer/defender
Applications
Total grants
Refused on merits
Refused on means
Abandoned
9,165
6,576
1,956
264
1,216
4,550
2,690
847
142
898
2,146
1,384
722
29
174
9,964
7,414
2,445
422
1,022
4,446
2,664
1,111
157
768
1,881
1,245
745
33
170
£51-
£100
£101-
£250
£251-
£500
£501-
£800
£801-
£1,200
£1,201-
£1,700
Over
£1,700
3.16 Analysis of contributions payable by assisted persons
£0
£1-£50
Court of Session
Sheriff court
Other courts
568
7,604
15
2
52
0
2
63
0
6
176
0
8
365
1
17
384
0
16
427
0
19
469
1
10
445
0
Total 2007-2008
8,187
(76.9%)
54
(0.5%)
65
(0.6%)
182
(1.7%)
374
(3.5%)
401 (3.8%)
443 (4.2%)
489
(4.6%)
455
(4.3%)
Total 2006-2007
8,492
(75.0%)
55
(0.5%)
81
(0.7%)
180
(1.6%)
396
(3.5%)
457
(4.0%)
535
(4.7%)
653
(5.8%)
474
(4.2%)
0
66
2
184
4
374
6
402
5
445
5
496
20
434
Of those contributions, the breakdown between capital and income was as follows:
• Capital contributions
10,608
0
• Income contributions
8,195
54
Notes
1.Included in the table are 34 cases where both a capital and income contribution was payable.
2.This table shows contributions payable at the grant of the civil legal aid application, or when granted on review.
3.17 Sanctions in civil legal aid cases
Applications
Applications
Applications
Applications
received
granted
refused abandoned
Expert witness/unusual expenditure
Counsel (advocates and solicitor advocates)
4,130
1,861
3,333
882
500
434
1
1
Total 2007-2008
5,991
4,215
934
2
Total 2006-2007
6,509
4,668
966
4
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
65
Introduction
3. Civil legal assistance continued
3.18 Applications for extensions of grants of civil legal aid
Applications
Applications
Applications
received
granted
refused
526
14
68
15
9
0
13
19
47
0
11
3
0
0
0
1
Total 2007-2008
927
664
62
Total 2006-2007
1,118
813
95
3.19 Applications for change of solicitor in civil legal aid cases
Applications
Applications
Applications
received
granted
refused
781
719
20
1,009
946
24
Statistical tables
Total 2007-2008
Total 2006-2007 Facts and figures
730
20
101
18
10
7
15
26
Year in review
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
Statement of accounts
About us
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
66
3. Civil legal assistance continued
Civil legal assistance expenditure
3.20 Accounts paid and average case costs – civil advice and assistance and ABWOR
Minimum fee cases
Detailed accounts
Total
number
Total
Total
Average
Average
Number
Total
Number
Total
Counsel
of cases
paid
paid case cost case cost
of cases
paid of cases
paid Solicitor
Outlays
outlays 2007-2008 2007-2008 2006-2007 2007-2008 2006-2007
Subject matter
£000
£000
£000
£000
£000
£000
£000 £
£
Civil advice and assistance
(excluding ABWOR)
Adults with Incapacity (Scotland) Act 10
Aliment/Child Support Agency
53
Antisocial Behaviour Order (ASBO) 21
Breach of contract
10
Civil appeals
2
Complaints about
professional bodies
123
Contact
248
Conveyancing
7
Criminal Injuries
Compensation Authority 68
Divorce
150
Employment 47
Hire purchase/debt
400
Housing
273
Human rights
17
Immigration and asylum
84
Interdict/harassment/
non-harassment 278
Judicial review
76
Mental health 14
Other family/matrimonial
137
Power of attorney
8
Recovery of heritable property
12
Reparation 195
Residence
46
Restoration of driving licence
7
Separation
71
State benefit 268
Wills/executry
75
Other
628
Total civil advice
and assistance
0
1
1
0
0
597
759
310
412
97
161
125
49
67
33
144
116
48
61
23
17
8
1
5
4
0
1
0
1
6
607
812
331
422
99
161
126
49
67
33
–
170
–
61
47
265
155
149
159
338
–
169
–
161
366
3
7
0
958
8,680
129
85
1,716
28
82
1,677
23
3
36
3
0
3
2
1,081
8,928
136
88
1,723
28
136
1,725
25
81
193
205
73
182
169
2
4
1
11
8
0
2
1,604
7,509
1,581
7,120
5,798
232
4,862
189
1,810
490
794
846
26
1,723
177
1,730
456
773
799
21
1,376
11
72
20
18
41
3
323
0
7
14
3
6
2
24
1,672
7,659
1,628
7,520
6,071
249
4,946
190
1,814
492
805
854
26
1,725
228
2,027
516
933
924
38
1,461
114
237
302
107
141
106
349
113
232
264
104
124
175
312
8
2
0
3
0
0
5
1
0
2
7
2
17
4,740
533
1,056
3,713
483
716
6,001
2,051
39
4,320
7,378
1,788
5,872
731
147
1,182
746
97
155
1,641
488
6
1,246
961
203
721
716
106
910
693
78
151
1,141
478
6
1,182
783
181
639
15
20
270
50
20
4
481
9
1
62
175
19
49
0
20
2
3
0
0
18
0
0
2
3
3
33
5,018
609
1,070
3,850
491
728
6,196
2,097
46
4,391
7,646
1,863
6,500
738
150
1,183
750
97
155
1,646
489
6
1,248
969
205
738
878
153
1,060
832
78
155
1,854
491
25
1,422
830
213
1,020
147
246
1,105
195
199
214
266
233
139
284
127
110
114
137
330
947
204
176
186
265
235
180
285
131
94
103
3,328
89
79,338
16,466
14,569
1,741
156
82,666
16,555
17,304
200
186
Civil ABWOR
Bankruptcy/petition by debtor
Employment tribunals
Immigration
Mental health
Restoration of driving licence
Sequestration
Other
1
2
3
2
0
11
5
0
0
0
0
0
0
0
19
109
1,326
1,361
43
74
42
2
124
912
1,557
11
6
11
2
96
744
1,119
9
4
9
0
12
156
428
2
2
2
0
16
12
10
0
0
0
20
111
1,329
1,363
43
85
47
2
124
912
1,557
11
7
11
3
77
830
939
26
6
30
110
1,113
686
1,143
249
78
227
90
825
611
944
218
72
442
Total civil ABWOR
24
1
2,974
2,622
1,983
601
38
2,998
2,623
1,912
875
694
Total civil advice and assistance
and ABWOR 2007-2008
3,352
89
82,312
19,089
16,552
2,342
194
85,664
19,178
–
224
–
Total civil advice and assistance
and ABWOR 2006-2007
11,597
328
84,206
18,888
16,637
2,251
–
95,803
–
19,216
–
201
Notes
1.Where minimum fees are paid under ABWOR, this is because solicitors have intimated the case as ABWOR, but have either not proceeded with the case
or dealt with it under advice and assistance.
2. In this table, payments to advocates and solicitor advocates are included under Counsel outlays, as regulation 17(1) of the Advice and Assistance (Scotland)
Regulations 1996 only provides for payments to the solicitor, of fees and outlays. In previous years outlays for the employment of counsel were included
with all other solicitor outlays.
3. Diagnostic cases are shown within detailed accounts.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
67
Introduction
3. Civil legal assistance continued
3.21 Accounts paid and average case costs – civil legal aid
0
0
0
0
0
0
0
5,128
54
1,000
32
23
242
175
8,098
299
1,467
99
823
601
447
16,553
316
5,065
241
326
695
996
15,740
457
4,509
245
268
–
1,247
2,044
1,055
3,452
2,433
396
1,156
2,229
2,004
1,259
4,395
2,043
339
–
1,608
Total sheriff court
15,532
2,006
0
6,654
11,834
24,192
22,465
2,044
2,056
Court of Session
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Other
147
34
1,980
213
68
246
239
39
2,159
339
213
416
0
0
0
0
0
0
231
19
1,984
194
60
243
83
16
289
212
71
164
618
91
6,123
746
341
904
599
299
5,835
745
403
726
7,442
5,718
21,188
3,517
4,806
5,514
8,564
10,322
19,005
2,843
4,633
3,862
Total Court of Session
2,688
3,404
0
2,731
835
8,823
8,607
10,567
9,128
Total other courts
14
64
0
46
9
123
356
13,683
17,778
All courts
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
10,530
258
5,575
213
169
282
448
759
1,282
76
2,629
339
321
22
4
801
0
0
0
0
0
0
0
0
5,359
73
2,984
194
92
23
242
464
8,181
315
1,756
212
170
823
601
620
17,171
407
11,188
746
582
326
695
2,024
16,340
756
10,343
745
648
268
–
2,328
2,099
1,292
6,371
3,517
3,424
396
1,156
3,264
2,062
1,929
7,760
2,843
3,132
339
–
2,368
Total all courts 2007-2008
18,234 5,474
0
9,431
12,678
33,138
–
2,614
–
Total all courts 2006-2007
16,704
4,929
7
9,788
11,891
–
31,428
–
2,643
Note
1. Reparation cases include those paid in terms of the extra statutory concession and of regulation 3 (as amended) of the Civil Legal Aid (Scotland) (Fees)
Regulations 1989, where the legal representatives have elected to opt for the party and party expenses recovered from the opponent.
Statement of accounts
1,043
37
470
108
22
4
322
Statistical tables
10,382
224
3,595
101
282
448
500
Facts and figures
Sheriff court
Family/matrimonial
Debt
Reparation
Appeals
Recovery of heritable property
Adults with incapacity
Other
Year in review
Average
Average
Total
Total
cost
cost
Solicitor
Number
paid
paid per case per case
Solicitor Advocate advocate
Outlays
of cases 2007-2008 2006-2007 2007-2008 2006-2007
Proceedings
£000
£000
£000
£000
£000
£000
£
£
About us
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
68
3. Civil legal assistance continued
3.22 Amounts recovered by the Legal Aid Fund
2007-2008 2006-2007
£000
£000
Contributions from assisted persons
Expenses from opponents
Amounts awarded to assisted persons transferred to Legal Aid Fund
1,062
10,344
1,355
1,348
8,795
1,526
Total recoveries
12,762
11,668
Notes
1.These are amounts actually received by the Board, not amounts due to it.
2.A breakdown of total amounts recovered is shown in the Analysis of Payments in table 7.1.
3.23 Accounts paid under special urgency (whereby in certain circumstances work carried out where legal aid
is not subsequently granted, is paid for out of the Legal Aid Fund)
Solicitor
£000
Solicitor
Advocate advocate
£000
£000
Outlays
£000
Number
of cases
Total
paid
£000
Average
cost per
case
£
Total 2007-2008
586
109
0
268
1,564
963
616
Total 2006-2007
640
238
0
349
1,420
1,228
864
Note
1. The amounts shown in this table are also included in the figures in table 3.21.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
69
Introduction
4. Criminal legal assistance
Criminal legal assistance key figures
District courts are summary criminal courts administered by the local authority. Justice of the Peace courts have been created by the Criminal Proceedings etc
(Reform) (Scotland) Act 2007. They are replacing District courts on a phased basis and are administered by the Scottish Court Service. Most such courts were
still District Courts during the 2007-2008 financial year.
4.1 Total grants of criminal legal assistance
Year in review
May 2007 saw a large-scale change to the structure of advice and assistance with the introduction of new categories, diagnostic categories in civil and the
switching and regrouping of some categories between civil and criminal. In tables 4.1, 4.2, 4.4 and 4.5 below the figures for 2006-2007 have been restated
to enable like-for-like comparisons.
2007-2008 2006-2007
Total criminal advice and assistance and ABWOR 122,075 142,775
Summary criminal legal aid:
• Board granted
• Court granted
74,102
1,480
81,146
1,540
Total summary criminal
75,582
82,686
Solemn criminal legal aid (court granted)
Automatic legal aid (court granted)
Appeals
Duty solicitor appearances
12,782
946
1,874
36,041
13,898
1,110
2,134
34,713
Total criminal legal assistance 249,300 277,316
4.2 Total cost to the taxpayer of providing criminal legal assistance
Statistical tables
Facts and figures
Criminal advice and assistance and ABWOR 104,747 123,749
Criminal ABWOR 17,328 19,026
2007-2008 2006-2007
£000
£000
7,474
3,534
8,132
3,724
Total criminal advice and assistance and ABWOR
11,007
11,856
Summary criminal legal aid, including automatic legal aid
Solemn criminal legal aid (court granted)
Appeals
52,604
40,954
3,334
52,134
37,254
3,310
Total criminal legal aid including appeals
96,892
92,698
Duty solicitor appearances
PDSO
1,308
1,321
1,203
864
Statement of accounts
Criminal advice and assistance
Criminal ABWOR
Total criminal legal assistance 110,529 106,622
About us
4.3 Total cost of criminal legal assistance by type of case
2007-2008 2006-2007
£000
£000
Murder/attempted murder/culpable homicide
Assault
Sexual offences
Theft/housebreaking/robbery
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other (including contempt advice and assistance)
Appeals
Duty solicitor appearances
PDSO
9,578
22,930
4,646
12,974
1,916
13,261
17,962
7,886
13,330
3,416
1,308
1,321
7,790
21,954
4,658
13,507
2,299
12,978
17,168
7,984
12,796
3,422
1,203
864
Total criminal legal assistance 110,529 106,622
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
70
4. Criminal legal assistance continued
Criminal advice and assistance and ABWOR
4.4 Intimations of criminal advice and assistance and ABWOR by subject matter
Subject matter 2007-2008 2006-2007
Criminal advice and assistance
Appeals
Assault
Breach proceedings
Civic Government (Scotland) Act
Contempt of court
Criminal Law (Consolidation) (Scotland) Act
Criminal Procedure (Scotland) Act
Drugs
Embezzlement/fraud
Means enquiries/fines
Murder/attempted murder/culpable homicide
Offensive weapons/vandalism/breach of the peace
Road traffic
Sexual offences
Theft/housebreaking/robbery
Other
Total criminal advice and assistance
890
14,954
3,119
1,187
526
1,158
4,865
6,400
1,192
9,533
468
21,830
10,499
845
15,978
11,303
1,263
19,581
1,787
1,518
538
1,302
6,675
7,906
1,457
12,803
592
23,727
12,750
1,025
18,664
12,161
104,747 123,749
Criminal ABWOR
Assault
Breach proceedings
Civic Government (Scotland) Act
Contempt of court
Criminal Law (Consolidation) (Scotland) Act
Criminal Procedure (Scotland) Act
Drugs
Embezzlement/fraud
Means enquiries/fines
Offensive weapons/vandalism/breach of the peace
Road traffic
Sexual offences
Theft/housebreaking/robbery
Other
830
6,475
155
20
113
394
835
191
0
1,666
3,170
50
1,670
1,759
1,006
5,157
136
9
118
909
1,008
191
2
1,865
3,967
50
1,831
2,777
Total criminal ABWOR
17,328
19,026
Total criminal advice and assistance and ABWOR 122,075 142,775
Note
1. Restoration of a driving licence became a criminal matter in May 2007. All intimations for 2006-2007 and 2007-2008 are included, within Other, in this table.
4.5 Intimations of criminal advice and assistance and ABWOR by gender
Male applicantFemale applicantNo gender recorded Total
Criminal advice and assistance
Criminal ABWOR
83,589
13,817
80%
80%
19,956
3,306
19%
19%
1,202
205
1% 104,747
1% 17,328
Total 2007-2008
97,406
80%
23,262
19%
1,407
1% 122,075
Total 2006-2007 115,811
81%
26,883
19%
81
0% 142,775
Note
1. This table has been restructured to show applications with no gender recorded. Figures for 2006-2007 have been restated.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
71
Introduction
4. Criminal legal assistance continued
4.6 Increases in limit of authorised expenditure of criminal advice and assistance and ABWOR
Criminal advice and assistance
Criminal ABWOR
15,520
17,495
17,634
18,719
12,272
15,392
13,955
16,833
2,065
743
1,848
520
Total
33,015
36,353
27,664
30,788
2,808
2,368
Year in review
Applications Increases Increases
for increase granted refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Note
1. Decisions in table 4.6 do not include decisions after reconsideration. These are reported separately in table 4.7.
Applications for Increases Increases
reconsideration granted refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Criminal advice and assistance
Criminal ABWOR
1,740
791
1,228
445
813
508
662
357
632
154
574
100
Total
2,531
1,673
1,321
1,019
786
674
District courtSheriff court Total
Offence 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
2,032
2,725
14
138
861
5,050
1,637
1,165
2,291
2,739
16
168
1,216
5,642
1,707
1,554
17,954
9,781
314
851
5,950
18,178
8,919
7,088
19,106
11,074
318
964
6,516
19,680
10,066
6,927
19,986
12,506
328
989
6,811
23,228
10,556
8,253
21,397
13,813
334
1,132
7,732
25,322
11,773
8,481
Total
13,622
15,333
69,035
74,651
82,657
89,984
Note
1. Sheriff court includes cases heard by stipendiary magistrates in the district court.
Granted at first instance Granted after review
District courtSheriff courtDistrict courtSheriff court
Total
Offence
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Assault
1,858
Theft/housebreaking/robbery
1,998
Sexual offences
8
Embezzlement/fraud
75
Drugs
532
Offensive weapons/vandalism/breach of the peace 3,381
Road traffic offences
462
Other 505
Total
8,819
2,101
2,247
5
110
948
4,001
654
732
15,985
9,132
292
760
5,433
16,391
6,432
6,107
17,132
10,476
276
881
6,021
17,913
7,485
6,103
92
212
1
13
106
478
137
115
90
97
0
4
70
353
155
115
928
309
9
41
264
905
727
414
873
263
19
37
203
752
751
279
18,863
11,651
310
889
6,335
21,155
7,758
7,141
20,196
13,083
300
1,032
7,242
23,019
9,045
7,229
10,798
60,532
66,287
1,154
884
3,597
3,177
74,102
81,146
Note
1. Sheriff court includes cases heard by stipendiary magistrates in the district court.
About us
4.9 Grants by the Board of summary criminal legal aid
Statement of accounts
Assault
Theft/housebreaking/robbery
Sexual offences
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other Statistical tables
Criminal legal aid
4.8 Applications to the Board for summary criminal legal aid
Facts and figures
4
.7 Reconsideration of an application for an increase in limit of authorised expenditure
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
72
4. Criminal legal assistance continued
4.10 Refusals of summary criminal legal aid at first instance by reason for refusal
District courtSheriff court Total
Reason 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Not in the interests of justice
Means
Other rights and facilities
Non-timeous
Abandoned
Lack of information
4,114
222
0
1
12
469
3,784
225
0
0
10
484
2,556
2,251
0
0
79
3,702
2,395
1,929
0
2
85
3,497
6,670
2,473
0
1
91
4,171
6,179
2,154
0
2
95
3,981
Total
4,818
4,503
8,588
7,908
13,406
12,411
Note
1. Sheriff court includes cases heard by stipendiary magistrates in the district court.
4.11 Disposal of applications for review of decision to refuse summary criminal legal aid
2007-2008 2006-2007
Granted
Refused
4,751
3,868
4,061
3,560
Total
8,619
7,621
4.12 Grants of legal aid by the courts in summary proceedings under Legal Aid (Scotland)
Act 1986 section 23(1)(b)
District courtSheriff court Total
Offence 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Assault
Theft/housebreaking/robbery
Sexual offences
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other
0
16
0
1
0
1
2
2
2
19
0
0
1
7
6
7
168
291
5
40
75
239
191
449
155
301
5
32
78
304
198
425
168
307
5
41
75
240
193
451
157
320
5
32
79
311
204
432
Total
22
42
1,458
1,498
1,480
1,540
Note
1. Under section 23(1)(b), the court may grant summary criminal legal aid when it is considering a custodial sentence for a convicted person who has not
previously been sentenced to imprisonment.
4.13 Intimations of automatic legal aid for other courts and under section 22(1)(d)
Type of intimation 2007-2008 2006-2007
Glasgow Domestic Abuse Court
495
Glasgow, Kirkcaldy and Dunfermline Drug Courts
100
Hamilton and Airdrie Youth Court
326
Automatic legal aid under Legal Aid (Scotland) Act 1986:
• Section 22(1)(da) The court determines the trial cannot go ahead because the applicant is insane 14
• Section 22(1)(db) In relation to an examination of facts and the disposal of the case
5
• Section 22(1)(dc) Appeal against a finding of insanity
1
• Section 22(1)(dd) Court appoints solicitor to represent a person accused of sexual offence
5
Total
946
552
155
383
14
1
0
5
1,110
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
73
Introduction
4. Criminal legal assistance continued
4.14 Grants of legal aid by the courts in solemn proceedings
Sheriff court High court Total
Offence 2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
697
679
4,159
1,543
256
2,293
1,044
371
1,688
864
708
4,628
1,810
242
2,434
1,194
460
1,503
12
5
9
6
1
4
2
1
12
9
8
9
7
2
8
0
4
8
709
684
4,168
1,549
257
2,297
1,046
372
1,700
873
716
4,637
1,817
244
2,442
1,194
464
1,511
Total
12,730
13,843
52
55
12,782
13,898
Male applicantFemale applicant
2007-2008
2006-2007
2007-2008
2006-2007
Applications (summary)
Grants (summary)
Refusals (summary)
Grants by the courts – solemn
Grants by the courts – 23(1)(b)
69,160
61,768
11,604
11,255
1,171
84%
83%
87%
88%
79%
75,381
67,906
10,810
12,243
1,193
84%
84%
87%
88%
77%
13,497
12,334
1,802
1,527
309
16%
17%
13%
12%
21%
14,603
13,240
1,601
1,655
347
16%
16%
13%
12%
23%
Applications
Applications
Applications
received
granted
refused
Leave to appeal
• against conviction
• against conviction and sentence
• against sentence only
184
222
1,523
172
204
1,451
2
2
6
1,827
10
Other appeals
Petition to Nobile Officium, etc.
Crown appeals
Appeal against other disposal
Reference by the Scottish Criminal Cases Review Commission to the High Court
Appeals to the Judicial Committee of the Privy Council
Applications for special leave to appeal to the Judicial Committee of the Privy Council 29
27
26
1
0
0
9
26
11
1
0
0
7
1
7
0
0
0
Total other appeals
83
47
15
Total 2007-2008
2,012
1,874
25
Total 2006-2007
2,260
2,134
20
Note
1. This table includes grants made under regulation 15 of the Criminal Legal Aid (Scotland) Regulations 1996 (matters of special urgency).
4.17 Duty solicitor appearances
2007-2008 2006-2007
Total number of appearances by duty solicitors
Total number of appearances by Public Defence Solicitors’ Office as duty solicitors
34,493
1,548
34,116
597
Total number of appearances
36,041
34,713
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
About us
1,929
Statement of accounts
Total leave to appeal
Statistical tables
4.16 Criminal appeals – applications
Facts and figures
4.15 Applications for criminal legal aid and decisions by gender
Year in review
Murder/attempted murder/culpable homicide
Sexual offences
Assault
Theft/housebreaking/robbery
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
74
4. Criminal legal assistance continued
4.18 Sanctions in criminal legal aid cases
Applications
Applications
Applications
Applications
receivedpart granted
granted
refused
Summary criminal
• expert witness
• unusual expenditure
• counsel (advocates and solicitor advocates)
2,336
120
198
344
0
3
1,569
27
39
203
45
136
Total summary criminal 2,654
347
1,635
384
Solemn and section 23(1)(b)
• expert witness
• unusual expenditure
• counsel
3,368
643
3,352
520
25
80
2,149
231
2,040
227
236
987
4,420
1,450
Total solemn and section 23(1)(b)
Criminal appeals
• expert witness
• unusual expenditure
• counsel
7,363
95
64
104
625
13
5
10
41
39
54
19
9
37
Total criminal appeals
263
28
134
65
Total 2007-2008
10,280
1,000
6,189
1,899
Total 2006-2007 11,084
1,112
Note
1. In this table, and in tables 4.20 and 4.21, summary criminal means summary criminal applications granted by the Board.
7,719
1,316
4.19 Applications for exceptional status in fixed payment cases
Applications
Applications
Applications
received
granted
refused
Total 2007-2008
343
242
92
Total 2006-2007
220
148
71
4.20 Applications under Regulation 15 of the Criminal Legal Aid (Scotland) Regulations 1996
(matters of special urgency)
Applications granted
2007-2008 2006-2007
Summary criminal Criminal appeals
81
1,801
58
2,077
Total
1,882
2,135
4.21 Requests for change of solicitor in criminal legal aid cases
Applications
Applications
Applications
received
granted
refused
Summary criminal
Court granted legal aid
Criminal appeals
3,033
2,402
118
2,128
1,687
83
271
140
4
Total 2007-2008
5,553
3,898
415
Total 2006-2007
5,625
4,170
420
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
75
Introduction
4. Criminal legal assistance continued
Criminal legal assistance expenditure
4.22 Accounts paid and average case costs – criminal advice and assistance and ABWOR
62
995
200
79
10
12
25
9
2
0
1
0
1
0
0
872
15,658
2,339
1,240
532
82
1,105
225
89
22
112
1,263
186
107
19
94
71
96
72
41
88
70
136
71
38
5
969
79
77
2
0
1,147
84
95
73
74
60
40
7
184
2,915
5,062
1,064
2,937
236
425
96
169
226
409
92
164
10
15
3
5
0
1
0
0
4,972
6,471
1,294
9,235
295
465
102
352
332
527
101
461
59
72
79
38
54
70
75
37
3
378
43
39
4
0
468
46
44
97
87
116
4
53
4
97
89
16,973
734
8,656
691
12,510
7,459
1,371
117
710
69
1,046
931
1,339
99
695
63
1,014
821
32
17
15
5
31
92
0
1
0
1
0
18
21,027
865
10,536
852
15,879
10,532
1,487
121
764
73
1,143
1,019
1,557
167
879
73
1,233
975
71
140
72
86
72
97
69
114
72
80
69
89
787
76,564
6,687
6,383
281
23 103,919
7,474
8,132
72
69
2
14
1
0
540
4,870
92
1
93
1,458
16
0
87
1,361
16
0
2
67
0
0
4
30
0
0
630
5,364
119
3
95
1,473
17
0
90
1,477
17
–
151
275
141
33
139
293
170
–
0
2
2
1
65
385
656
133
11
131
113
31
11
115
110
31
0
8
3
1
0
8
0
0
74
463
720
154
12
133
115
32
13
181
136
43
157
287
159
205
133
226
143
245
5
7
0
5
5
1,119
2,728
20
1,248
1,682
189
404
8
280
754
187
394
3
275
661
3
10
0
4
55
0
1
4
1
38
1,301
2,982
25
1,413
1,853
195
412
8
285
759
213
468
8
293
784
150
138
318
202
410
142
130
208
182
398
1,562
45
13,539 3,489
3,250
152
87
15,101
3,534
3,724
234
225
28,917
832
90,103
10,175
9,633
433
110 119,020
11,007
–
92
–
38,497
1,113
95,879
10,743
10,184
559
– 134,376
–
11,856
–
88
27,355
Criminal ABWOR
Assault
90
Breach proceedings
494
Civic Government (Scotland) Act 27
Contempt of court
2
Criminal Law Consolidation
(Scotland) Act
9
Criminal Procedure (Scotland) Act 78
Drugs
64
Embezzlement/fraud
21
Offensive weapons/vandalism/
breach of the peace
182
Road traffic
254
Sexual offences
5
Theft/housebreaking/robbery 165
Other
171
Total criminal ABWOR
Total criminal advice and
assistance and ABWOR
2007-2008
Total criminal advice and
assistance and ABWOR
2006-2007
Notes
1.Where minimum fees are paid under ABWOR, this is because solicitors have intimated the case as ABWOR, but have either not proceeded with the case
or dealt with it under advice and assistance.
2.In this table, payments to advocates and solicitor advocates are included under Counsel Outlays, as regulation 17(1) of the Advice and Assistance (Scotland)
Regulations 1996 only provides for payment to the solicitor, of fees and outlays.
3. Contempt of court is shown as a distinct subject matter in ABWOR for the first time in 2007-2008.
About us
74
1,021
210
81
11
Statement of accounts
586
12,692
1,822
957
159
Statistical tables
Total criminal advice
and assistance
8
84
15
8
11
Facts and figures
Criminal advice and assistance
(excluding ABWOR)
Appeals
286
Assault
2,966
Breach proceedings
517
Civic Government (Scotland) Act 283
Contempt of court
373
Criminal Law Consolidation
(Scotland) Act 178
Criminal Procedure
(Scotland) Act
2,057
Drugs
1,409
Embezzlement/fraud
230
Means enquiries/fines
6,298
Murder/attempted murder/
culpable homicide
90
Offensive weapons/vandalism/
breach of the peace
4,054
Prison rules
131
Road traffic
1,880
Sexual offences
161
Theft/housebreaking/robbery 3,369
Other
3,073
Year in review
Minimum fee cases
Detailed accounts
Total
number
Total
Total
Average
Average
Number
Total
Number
Total
Counsel
of cases
paid
paid case cost case cost
of cases
paid of cases
paid Solicitor
Outlays
outlays 2007-2008 2007-2008 2006-2007 2007-2008 2006-2007
Subject matter
£000
£000
£000
£000
£000
£000
£000 £
£
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
76
4. Criminal legal assistance continued
4.23 Duty solicitor – accounts
Total Number of
Cost per
paidappearancesappearance
£000
£
Total 2007-2008
1,308
34,493
38
Total 2006-2007
1,203
34,116
35
Note
1. The PDSO made 1,548 appearances as duty solicitor for accused persons (2006-2007: 597 appearances). These are excluded from the figures in this table.
4.24 Accounts paid and average case costs by proceedings – criminal legal aid
Number
Average
Average
Solicitor
of cases
Total paid case cost case cost
Solicitor Advocate advocate
Outlays 2007-2008 2007-2008 2006-2007 2007-2008 2006-2007
Proceedings
£000
£000
£000
£000
£000
£000
£
£
Total district court
3,788
3
2
99
9,945
3,891
4,511
391
394
Sheriff court – summary (fixed payments)
Sheriff court – summary (detailed charges)
Total sheriff court – summary
Sheriff court – solemn (detailed charges)
45,961
913
46,875
16,464
137
28
165
1,876
63
4
67
59
1,428
177
1,606
1,671
70,544
988
71,532
11,999
47,590
1,123
48,713
20,070
46,859
763
47,623
18,446
675
1,136
681
1,673
682
1,151
687
1,838
Total sheriff court
63,339
2,041
126
3,277
83,531
68,782
66,069
823
832
High Court (non appeals)
Appeals
8,057
1,501
8,680
1,270
2,236
336
1,911
228
1,619
2,064
20,885
3,334
18,809
3,310
12,900
1,615
12,615
1,523
Total High Court
9,558
9,949
2,572
2,139
3,683
24,219
22,119
6,576
6,037
Total summary 2007-2008
50,662
168
69
1,705
81,477
52,604
–
646
–
Total summary 2006-2007
50,158
231
64
1,681
80,790
–
52,134
–
645
Total solemn (including appeals) 2007-2008
26,022
11,825
2,631
3,810
15,682
44,288
–
2,824
–
Total solemn (including appeals) 2006-2007
22,528
11,870
2,697
3,470
13,701
–
40,565
–
2,961
Total all proceedings 2007-2008
76,684
11,993
2,700
5,516
97,159
96,892
–
997
–
Total all proceedings 2006-2007
72,685
12,101
2,761
5,151
94,491
–
92,698
–
981
Notes
1.This table shows fees for solicitor advocates in the district and sheriff courts. These charges are for bail appeals which are heard in the High Court
but arise in those courts.
2.These figures exclude payments for contempt of court and duty.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
77
Introduction
4. Criminal legal assistance continued
4.25 Numbers of cases and average case costs by type of case and court
–
2,001
8
2,113
95
684
3,964
453
627
–
–
397
356
385
377
381
387
465
383
–
309
22,384
680
12,588
1,138
8,254
20,041
8,815
9,322
–
2,303
887
2,324
797
1,255
945
723
707
714
–
497
159
269
98
12
419
33
29
103
2,064
Total 2007-2008
9,945
391
83,531
823
3,683
Total 2006-2007
11,456
394
79,371
832
3,664
17,748
6,867
11,086
7,145
26,534
11,024
7,573
9,176
17,828
1,615
806
24,544
957
14,799
1,245
9,357
24,038
9,297
10,052
2,064
11,827
885
4,770
780
1,432
1,355
677
722
868
1,615
10,714
899
5,035
800
1,645
1,320
652
700
881
1,523
6,576
97,159
997
–
6,037
94,491
–
981
Facts and figures
Murder/attempted murder/culpable homicide
Assault
Sexual offences
Theft/housebreaking/robbery
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other
Appeals
Year in review
District court
Sheriff court
High court
All courts
Average
Average
Number
Average
Number
Average
Number
Average
Number case cost case cost
of cases case cost
of cases case cost
of cases case cost
of cases 2007-2008 2006-2007
Offence
£
£
£
£
£
Statistical tables
Statement of accounts
About us
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
78
5. Children’s legal assistance
Children’s legal assistance key figures
5.1 Total grants of children’s legal assistance
2007-2008 2006-2007
Children’s advice and assistance
Legal aid for children
Appeals
4,678
4,199
7
5,868
4,456
5
Total children’s legal assistance
8,884
10,329
5.2 Total cost to the taxpayer of providing children’s legal assistance
2007-2008 2006-2007
£000
£000
Children’s advice and assistance
Legal aid for children
419
4,110
458
3,980
Total children’s legal assistance
4,529
4,439
Children’s advice and assistance
5.3 Intimations of children’s advice and assistance
2007-2008 2006-2007
Total advice and assistance intimations for matters relating to Children (Scotland) Act 1995
4,678
5,868
5.4 Intimations of children’s advice and assistance by gender
Male applicantFemale applicantNo gender recorded Total
Total 2007-2008
1,719
37%
2,916
62%
43
1%
4,678
Total 2006-2007
2,094
36%
3,766
64%
8
0%
5,868
Note
1. This table has been restructured to show applications with no gender recorded. Figures for 2006-2007 have been restated.
5.5 Increases in limit of authorised expenditure of children’s advice and assistance
Applications
for increase
Increases granted
Increases refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Total children
1,378
1,937
1,098
1,574
127
155
Note
1. Decisions in table 5.5 do not include decisions after reconsideration. These are reported separately in table 5.6.
5.6 Reconsideration of an application for an increase in limit of authorised expenditure
Applications
for reconsideration
Increases granted
Increases refused
2007-2008 2006-2007 2007-2008 2006-2007 2007-2008 2006-2007
Total children
62
91
42
72
16
14
Legal aid for applicants in children’s cases
5.7 Grants of legal aid by the courts under the Children (Scotland) Act 1995
2007-2008 2006-2007
Total
4,199
4,456
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
79
Introduction
5. Children’s legal assistance continued
5.8 Sanctions in children’s legal aid cases
Applications
Applications
Applications
Applications
receivedpart granted
granted
refused
215
51
139
Total 2007-2008
405
17
231
94
Total 2006-2007
537
20
319
124
8
8
1
162
25
44
19
8
67
Year in review
Children’s
• expert witness
• unusual expenditure
• counsel
5.9 Applications to the Board in respect of appeals to the Court of Session and the Sheriff Principal
Applications
received
Applications
granted
Total 2007-2008
21
7
Total 2006-2007
17
5
Facts and figures
5.10 Sanctions for appeals
Children’s appeals
• expert witness
• unusual expenditure
• counsel
1
2
8
0
0
0
1
2
4
0
0
3
Total 2007-2008
11
0
7
3
Total 2006-2007
2
0
2
0
Minimum fee cases
Detailed accounts
Total
Number
Total
Number
Total
Counsel
number
of cases
paid
of cases
paid Solicitor
Outlays
outlays
of cases
£000
£000
£000
£000
£000
Total
paid
£000
Average
case cost
£
880
25
3,581
394
384
8
1
4,461
419
94
Total 2006-2007
1,447
42
3,700
416
406
11
–
5,147
458
89
Note
1. In this table, payments to advocates and solicitor advocates are included under Counsel outlays, as regulation 17(1) of the Advice and Assistance (Scotland)
Regulations 1996 only provides for payments to the solicitor, of fees and outlays.In previous years outlays for the employment of counsel were included
with all other solicitor outlays.
5.12 Analysis of accounts paid – children’s legal aid
Solicitor
paid Advocate
£000
£000
Solicitor
Number
advocate
Outlays
of cases
£000
£000
Total
paid
£000
Average
case cost
£
Total 2007-2008
2,641
1,119
1
349
3,764
4,110
1,092
Total 2006-2007
2,678
932
0
370
3,535
3,980
1,126
About us
Total 2007-2008
Statement of accounts
Children’s legal assistance expenditure
5.11 Accounts paid and average case costs – children’s advice and assistance
Statistical tables
Applications
Applications
Applications
Applications
receivedpart granted
granted
refused
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
80
6. Contempt of court
6.1 Grants of legal aid by the courts under section 30 of the Legal Aid (Scotland) Act 1986 (Contempt)
District courtSheriff court High court
Total
Total 2007-2008
4
432
70
506
Total 2006-2007
13
418
41
472
Total
paid
£000
Average
case cost
£
6.2 Analysis of accounts paid
Solicitor
paid Advocate
£000
£000
Solicitor
Number
advocate
Outlays
of cases
£000
£000
Total 2007-2008
100
20
25
4
430
149
346
Total 2006-2007
82
8
11
2
345
102
295
Note
1. In addition to legal aid for contempt of court, there were grants of advice and assistance for contempt of court. Information on grants and amounts paid are
included in the criminal advice and assistance tables in section 4.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
81
Introduction
7. Analysis of payments
7.1 Legal assistance expenditure
Expenditure
Con-
tributions Amounts
from Expenses awarded
Total
assisted
from to assisted
Total
Total
net cost
persons opponents
persons
income
net cost 2006-2007
£000
£000
£000
£000
£000
£000
17,171
407
11,188
746
582
326
695
2,024
23,320
1,221
13,024
895
616
482
856
11,903
958
36
(9)
5
9
20
1
43
425
43
8,704
410
320
30
9
402
1,133
38
123
0
2
7
0
53
2,515
118
8,818
415
330
56
10
498
20,805
1,103
4,205
480
285
426
845
11,405
20,204
1,255
4,917
506
514
370
–
11,210
16,555
2,623
33,138
52,316
1,062
10,344
1,355
12,762
39,555
38,976
Criminal and contempt legal assistance
Murder/attempted murder/culpable homicide
Assault
Sexual offences
Theft/housebreaking/robbery
Embezzlement/fraud
Drugs
Offensive weapons/vandalism/breach of the peace
Road traffic offences
Other
Appeals
Duty
Contempt
46
1,105
73
1,143
102
465
1,487
764
2,185
82
0
22
0
95
8
285
32
115
195
412
2,393
0
0
0
9,533
21,729
4,565
11,546
1,782
12,681
16,281
6,711
8,729
3,334
1,308
149
9,578
22,930
4,646
12,974
1,916
13,261
17,962
7,886
13,308
3,416
1,308
171
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
9,578
22,930
4,646
12,974
1,916
13,261
17,962
7,886
13,308
3,416
1,308
171
7,790
21,954
4,658
13,507
2,299
12,978
17,168
7,984
12,777
3,422
1,203
121
Total criminal and contempt legal assistance
7,474
3,534
98,350 109,357
–
–
–
– 109,357 105,860
419
0
4,529
–
–
–
–
Total civil legal assistance
Children’s legal assistance
4,110
4,529
4,439
–
Total legal assistance expenditure 2007-2008
24,448
6,156 135,598 166,202
1,062
10,344
1,355
12,762 153,441
Total legal assistance expenditure 2006-2007
25,895
5,636 129,412 160,942
1,348
8,795
1,526
11,668
– 149,274
Throughout this statistics section
–figures for grants and refusals of applications do not necessarily equal numbers of applications, since decisions on applications received towards the end
of one year may not be reached until the following year
– unless otherwise stated, figures for accounts paid include VAT and are prepared on a cash basis and include all accounts passed for payment during the year
–in tables showing accounts paid, unless otherwise stated, outlays include all payments other than fees paid to solicitors and advocates – for example,
expert witnesses
About us
Notes
1.Expenditure and income are not necessarily linked and income can be expected to vary from year to year. Some income, such as that from property
recovered and preservedor contributions paid over 20 months (the majority), may be received by the Board well after the original case has concluded,
in some cases years later.
2. Total expenditure excludes miscellaneous payments, PDSO and Part V expenditure, which are shown in table 1.4.
Statement of accounts
0
9
0
0
0
0
0
2,614
Statistical tables
6,150
805
1,836
150
33
155
161
7,265
Facts and figures
Civil legal assistance
Family/matrimonial
Debt
Reparation
Judicial review
Appeals
Recovery of heritable property
Adults with incapacity
Other
Total
gross
cost
£000
Total 2007-2008
Year in review
Advice &
assistance
ABWOR Legal aid
£000
£000
£000
Income
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
82
7. Analysis of payments continued
7.2 Analysis of payments for all categories
Total
Fees (including VAT) Total fees Outlays
Total 2007-2008 2006-2007
Number
of cases Solicitor Advocate
Type
£000
£000
Solicitor
advocate
£000
Including Excluding
VAT
VAT
£000
£000
Including Excluding
VAT
VAT
£000
£000
Including Excluding
VAT
VAT
£000
£000
Including
VAT
£000
Civil legal assistance
Civil advice and assistance
Civil ABWOR
Civil legal aid
82,666
2,998
12,678
14,658
1,983
18,234
156
38
5,474
0
0
0
14,814
2,021
23,707
12,647
1,732
20,422
1,741
601
9,431
1,741
601
9,426
16,555
2,623
33,138
14,387
2,332
29,848
17,304
1,912
31,428
Total civil legal assistance
98,342
34,875
5,668
0
40,543
34,800
11,773
11,768
52,316
46,568
50,644
103,919
15,101
7,171
3,295
23
87
0
0
7,193
3,381
6,117
2,887
281
152
281
152
7,474
3,534
6,397
3,039
8,132
3,724
81,477
50,662
168
69
50,899
43,391
1,705
1,654
52,604
45,045
52,134
13,618
2,064
–
24,521
1,501
1,267
10,555
1,270
1
2,295
336
1
37,372
3,106
1,268
31,845
2,649
1,088
3,582
228
40
3,363
208
35
40,954
3,334
1,308
35,208
2,857
1,123
37,254
3,310
1,203
216,179
88,416
12,103
2,701 103,220
87,978
5,988
5,692 109,208
Children’s legal assistance
Children’s advice and assistance
Children’s legal aid
4,461
3,764
410
2,641
1
1,119
0
1
411
3,761
350
3,201
8
349
8
334
419
4,110
358
3,534
458
3,980
Total children’s legal assistance
8,225
3,051
1,120
1
4,172
3,551
357
342
4,529
3,892
4,439
430
100
20
25
145
124
4
4
149
128
102
Total 2007-2008 323,176 126,443
18,911
2,726 148,079 126,452
18,123
17,805 166,203 144,257
–
Total 2006-2007
345,588 122,026
17,972
2,779 142,777 121,795
18,165
17,864
Criminal legal assistance
Criminal and contempt advice
and assistance
Criminal ABWOR
Total summary criminal
legal aid 2007-2008
Total solemn criminal
legal aid 2007-2008
Total appeals 2007-2008
Duty (note 1)
Total criminal legal assistance
93,670 105,758
Contempt legal aid
Contempt of court legal aid
–
– 160,942
Notes
1.Duty solicitors made 34,493 appearances on behalf of accused persons. The PDSO also made 1,548 appearances as duty solicitor.
2.In this table, advice and assistance payments to counsel and solicitor advocates are included under outlays, as regulation 17(1) of the Advice and Assistance
Regulations 1996 only provides for payment to the solicitor of fees and outlays.
7.3 Grant-In-Aid expenditure
2007-2008 2006-2007
£000
£000
Staff costs
Running costs
Capital
9,000
3,899
294
8,499
3,717
610
Total
13,193
12,826
Notes
1. Although the Board’s accounts are prepared on an accrual basis, this table is produced on the cash basis of the actual expenditure.
2.Staff costs for 2006-2007 have been restated.
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
83
Introduction
8. PDSO, the Public Defence Solicitors’ Office
About the Public Defence Solicitors’ Office (PDSO)
When the PDSO opened on 1 October 1998 in Edinburgh, it was the first public defender service in the UK. Its aims are to provide legal advice, assistance and
representation in court for those who cannot afford to pay for it themselves, and handled criminal cases in all the courts in Edinburgh.
Within our statistical tables and accounts we report on the volumes of work undertaken by PDSO, and its costs. This appendix brings together key information
on PDSO’s work.
8.1 Expenditure
Year in review
The PDSO now operates offices in Ayr, Dundee, Edinburgh, Falkirk, Glasgow, Inverness and Kirkwall.
2007-2008 2006-2007
£000
£000
125
731
60
77
106
2
80
15
–
243
63
489
43
42
137
2
–
15
2
162
Total
1,439
955
Statistical tables
Note
1. This table shows the expenditure of PDSO on an accounting basis. However, funding provided from the Legal Aid Fund in 2007-2008 was £1,321,000
(£864,000 in 2006-2007). The difference is due to adjustments for accruals and prepayments. The funding figure is included in table 1.4.
8.2 PDSO costs and volumes
Facts and figures
Criminal defence costs – outlays
Salaries and wages
Social security costs
Pensions
Accommodation
Audit fees
Rentals under operating leases
Depreciation
Revaluation/permanent diminution in value of fixed assets
Other operating costs
1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008
405
430
390
357
344
376
827
793
864
1,321
Total number of cases
Number of solemn cases
Number of appearances by PDSO as duty solicitor
417
0
–
1,034
1
–
1,202
26
–
1,194
34
–
1,123
25
1,092
1,196
28
930
1,565
54
1,142 1,743
89
1,060 1,491
77
597
1,907
75
1,548
Note
1. PDSO expenditure is shown as actual costs, not on an accounting basis as at table 8.1.
Statement of accounts
PDSO costs (£000s)
About us
STATISTICAL TABLES
Scottish Legal Aid Board Annual Report 2007-08
84
9. Other information
Complaints about the Scottish Legal Aid Board
We encourage members of the public and legal profession to raise issues of concern with us. We use the information we get from looking into and resolving
these to identify problem areas and improve our service. The level of complaints about our service remains low, when considered against the high number
of applications we consider each year.
9.1 Complaints and reviews received and cleared
2007-2008 2006-2007
Number of initial complaints received
Number of reviews received
68
7
92
16
Total new complaints received
75
108
Number of complaints (initial and review) brought forward from previous year
11
17
Total complaints under consideration
86
125
Total complaints cleared
80
114
Number of complaints carried forward to next year
6
11
Note
1. These figures include both initial complaints made to any member of staff and reviews, where someone is unhappy with how their initial complaint has been
dealt with, and asks the Chief Executive or Chairman to explore it further.
9.2 Complaints cleared within target
2007-2008 2006-2007
Total complaints cleared within 28 days
74
103
Percentage cleared within 28 days
93%
90%
Note
1. The 28 days target does not include time we spend waiting for further information from third parties.
9.3 Cleared complaints considered justified
2007-2008 2006-2007
Total complaints cleared
Complaints not justified
Complaints partially justified
Complaints justified
80
43
19
18
114
85
–
29
Percentage justified or partially justified
46%
25%
Note
1. The recording of partially justified complaints commenced in 2007-2008. No figures are available for previous years.
9.4 Complaints considered by the Scottish Public Services Ombudsman (SPSO)
If, after the Chairman or Chief Executive has considered a complaint, someone is still unhappy with our response, we give them details of how to complain
to the Scottish Public Services Ombudsman.
2007-2008 2006-2007
Complaints made to the SPSO
Complaints carried over from previous year
3
3
5
4
Total complaints under consideration
6
9
Complaints closed (not upheld) by SPSO
Number complaints part-upheld
Number complaints upheld
Outstanding (carried over )
5
1
0
0
5
1
0
3
statistical tables
Scottish Legal Aid Board Annual Report 2007-08
85
Introduction
9. Other information continued
Requests under the Freedom of Information (Scotland) Act 2002
9.5 Information requests and decisions (FOI)
2007-2008 2006-2007
67
9
7
Responses provided:
Information provided free of charge
Fees notices issued
The Board does not hold the requested information
Projected cost over £600 and we will not supply the information
Refusal notices issued
Part refusals (some information provided)
Number of requests withdrawn
61
1
4
4
10
4
2
40
3
5
2
10
5
0
Total number dealt with
Requests carried forward to next financial year
86
9
65
9
Of those requests closed
The number dealt with within 20 working days
80
60
Percentage dealt with within 20 working days
93%
92%
If an information request has been refused the enquirer may request a review of that decision. This review is conducted by the Director responsible for the
relevant area.
2007-2008 2006-2007
2
7
Cases brought forward
0
0
Decisions made
2
7
Original decision of Board upheld
Original decision of Board changed
Cases undecided and carried forward
2
0
0
5
2
0
The number dealt with within 20 working days
2
6
Percentage dealt with within 20 working days
100%
86%
Of those review requests closed
About us
9.7 Appeals to the Scottish Information Commissioner
If after a review the enquirer is still unhappy with our response, we give them details of how to appeal to the Scottish Information Commissioner.
2007-2008 2006-2007
Total number of requests made
2
2
Cases brought forward
1
0
Decisions made
0
0
Original decision of Board upheld
Original decision of Board changed
Cases undecided and carried forward
2
0
1
1
0
1
Note
1. The figures for 2006-2007 have been restated due to the receipt of further information from the SIC.
Statement of accounts
Total number of requests received
Statistical tables
9.6 Review of refusal notices
Facts and figures
86
Requests brought forward from previous year
Year in review
Total number of requests received
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
86
Statement of accounts
Statement of accounts.
For the period of 1 April 2007
to 31 March 2008
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
87
Financial statements:
Scottish Legal Aid Fund
Operating cost statement ........................................................................................ 101
Statement of recognised gains and losses .............................................................. 101
Balance sheet . ........................................................................................................102
Cash flow statement ................................................................................................102
Notes to the accounts for the Scottish Legal Aid Fund ............................................. 103
Year in review
Foreword .................................................................................................................. 88
Management commentary . ...................................................................................... 89
Remuneration report .................................................................................................92
Statement of the Board’s and Chief Executive’s responsibilities .............................. 96
Statement on the system of internal control ..............................................................97
Independent auditor’s report.................................................................................... 99
Introduction
Contents
Scottish Legal Aid Board
Facts and figures
Operating cost statement ........................................................................................ 116
Statement of recognised gains and losses .............................................................. 116
Balance sheet . .........................................................................................................117
Cash flow statement .................................................................................................117
Notes to the accounts for the Scottish Legal Aid Board ........................................... 118
Appendix 1: Direction given by Scottish Ministers ................................................... 125
The financial statements were issued on 24 November 2008.
Statistical tables
Statement of accounts
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
88
Foreword
Background
The Board presents its accounts for the financial year ended 31 March 2008.
The Board is a Non-Departmental Public Body set up in 1987 under the Legal Aid (Scotland) Act 1986, and is accountable to Scottish Ministers. A key objective
for the Board is to operate within its administration budget and to manage the Legal Aid Fund. Separate accounts have been prepared for the Scottish Legal Aid
Fund and for the administrative income and expenditure of the Scottish Legal Aid Board.
The accounts have been prepared in a form directed by Scottish Ministers in accordance with section 5(2) of the Legal Aid (Scotland) Act 1986, as amended
by the Public Finance and Accountability (Scotland) Act 2000, and the Government’s Financial Reporting Manual 2007-2008.
Principal activities
The principal activities of the Scottish Legal Aid Board (“the Board”) are:
• advising Scottish Ministers on how legal aid is working, and ways to develop it
• managing the Legal Aid Fund
• deciding whether to grant applications for legal aid
• deciding if people have to pay towards the cost of legal assistance, then collecting these amounts
• assessing solicitors’ and advocates’ accounts for legal aid work, and paying them for the work they have done
• registering firms and solicitors who do legal assistance work and making sure these firms and solicitors maintain high standards, including funding civil
quality assurance which is run by the Law Society of Scotland
• investigating and tackling fraud and abuse of legal aid
• developing a network of Board employed solicitors who offer criminal legal advice and representation, and also under Part V of our legislation, developing
advice services on civil matters using Board employed solicitors
• exploring new ways of delivering legal aid services.
Membership of the Executive Team
Throughout 2007-2008 the Executive Team has comprised:
• Lindsay Montgomery, Chief Executive and Accountable Officer
• Ian Middleton, Director of Audit and Compliance
• Andrew Menzies, Director of Corporate Services and Accounts
• Tom Murray, Director of Legal Services and Applications
• Colin Lancaster, Director of Policy and Development.
Iain A. Robertson CBE was the Chairman of the Board.
Accounting for pensions
In line with the Financial Reporting Manual, issued annually by the relevant authorities in England and Wales, Scotland and Northern Ireland, these accounts
meet the requirements of Financial Reporting Standard 17 ‘Retirement Benefits’, as applicable to the Board’s pension scheme.
Although the Board operates a single scheme for all staff, the income, costs and liabilities are apportioned between staff funded by the Scottish Legal Aid
Fund, presently only Public Defence Solicitors’ Office (PDSO) staff and Part V staff; and staff funded from the Scottish Legal Aid Board’s Grant-In-Aid.
Further detail on pension arrangements is provided in the Accounting Policies at notes 1.8 and 25.8 and in notes 16 and 35 of the accounts.
Employee communication
The Board issues a monthly newsletter and occasional circulars for staff about matters of concern to them, including performance. Managers and staff discuss
these during team briefing sessions. The Board conducts periodic employee opinion surveys to obtain staff views on issues such as communications, training
and development, management practices and quality of service. A Joint Consultative Committee of management and union representatives meets regularly.
As an Investor in People, the Board continues to give staff the opportunities and support needed to develop their skills in meeting the organisation’s objectives.
Equal opportunities
The Board is committed to the development and promotion of equality of opportunity for all. It is committed to providing equal opportunities in employment.
It does not treat any job applicant or employee less favourably because of gender, race, colour, religion, nationality, age, disability, sexual orientation or
marital status. This applies in the recruitment, reward, training and promotion of both new and existing employees. It also applies to grievance, disciplinary,
or other procedures, employee benefits and all terms and conditions of employment.
Audit
KPMG LLP carried out the audit of the Board’s accounts for the financial year ended 31 March 2008. The agreed fee for this service was £42,100 which relates
solely to the provision of statutory audit services.
Register of Board Members’ interests
The Board keeps a register of Board Members’ interests, which is on its website at www.slab.org.uk, or available in a paper copy from the Board’s
Communications Department (tel. 0131 240 1985).
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
89
Introduction
Management commentary
Financial position at the end of the year
On a cash basis, £13.2m was required to meet the expenditure of the Scottish Legal Aid Board, compared to £12.8m in 2006-2007. The basis of preparation
for the annual accounts (the accruals basis) results in accounting adjustments, including certain notional credits, depreciation, accruals and prepayments.
Once such adjustments are made, the Operating cost statement shows a cost of operations, including notional credits and pension costs of £15.1m
(2006-2007: £14.3m).
Year in review
On a cash basis, net expenditure on the Scottish Legal Aid Fund was £154m, compared to £151m in 2006-2007. The basis of preparation for the
annual accounts (the accruals basis) results in accounting adjustments, including certain notional credits, depreciation, accruals and prepayments.
Once such adjustments are made, the Operating Cost Statement shows a net cost of operations, including notional credits and pension costs of £139m
(2006-2007: £156m).
Main trends, performance and development during the financial year
During 2007-2008, the number of applications for both civil advice and assistance and civil legal aid received by the Board has continued to fall, although
the total gross cost of civil legal assistance has increased primarily due to an increase in the volume of accounts paid. For more detailed information and
commentary on legal assistance trends please refer to this Annual Report from pages 30 to 45.
During 2007-2008, we made substantial progress against our objectives, which were detailed in our Corporate Plan. Our performance targets enable us to
measure our performance to deliver ever higher service levels for applicants and their advisors. We set a number of significantly higher targets and service
standards for 2007-2008. We met or exceeded all of our eight headline performance indicators, the key measures of the Board’s operational performance.
Statistical tables
Statement of accounts
About us
Information on our work during 2007-2008 is detailed in this Annual Report, with some of the key developments including:
• Civil advice and assistance reform: We implemented the second phase of civil advice and assistance reforms on 1 May 2007, including changing the
procedures for granting and providing civil advice and assistance/ABWOR. We introduced revised computer systems, Legal Aid Online services, forms
and guidance information and training to inform solicitors about the changes.
• Legal Aid Online: Legal Aid Online allows solicitors to submit applications and accounts through the internet, making the system faster, easier and more
convenient. We continued to develop our advice and assistance service, including changes linked to the reform of civil advice and assistance and introducing
a new improved accounts service. We saw a substantial expansion in use of the advice and assistance service by solicitors. By March 2008, over 300 firms
were using the service and more than half of all civil advice and assistance applications and 40% of criminal advice and assistance applications were
received online. We also continued to work closely with the online service users to identify further improvements, as well as developing services for civil
and criminal legal aid which will be made available in 2008-2009.
• Reform of summary justice and criminal legal assistance: The Scottish Government’s programme of reform of the summary justice system was implemented
in March 2008. During the year we continued to work with partners in the criminal justice system on reform of summary criminal legal assistance, which is
a key part of the justice system reforms. The Scottish Government and the Board published a consultation on 1 October 2007 outlining the proposed reforms
to summary criminal legal assistance. The consultation was extended and following negotiations with the profession, a number of revisions were made to
the proposals. Following further discussions with the legal profession on the new proposals, the Cabinet Secretary for Justice decided on the final changes
on 8 April 2008. The reforms were implemented on 30 June 2008.
• Quality assurance for criminal legal assistance: We continued to work with the Law Society of Scotland to develop quality assurance systems based on peer
review for all criminal legal assistance work, which is expected to be introduced in late 2008.
• Transfer of solemn legal aid: We worked with the Scottish Government on preparatory work to implement the transfer of deciding grants for solemn criminal
legal aid from the courts to the Board. This is expected to be implemented in 2008-2009.
• Public Defence Solicitors’ Office (PDSO): Four new offices were opened in spring 2007 in Ayr, Dundee, Falkirk and Kirkwall.
• Simplification of civil legal assistance: Solicitors, applicants and opponents can find the rules, operation and administration of civil legal assistance
complex. We undertook an extensive review of the operation of all aspects of civil legal assistance to identify ways we can further reduce bureaucracy
and make the system more effective and efficient for all who use it. We carried out extensive consultation with the profession. We have made substantial
progress in developing changes, such as reviewing the information we required to consider applications and developing new forms. Substantial changes
will be implemented in 2008-2009.
• Civil legal aid fees: Scottish Ministers asked the Board to carry out a review of civil legal aid fees for solicitors. The outcome of the review was submitted
to the Scottish Government. The Cabinet Secretary for Justice announced increases in fees on 23 May 2008. These are expected to be implemented in 2008.
• Access to civil legal assistance: There have been concerns about areas, such as the Highlands and Islands, about whether there are sufficient numbers
of solicitors providing a civil legal assistance service. We opened a new civil legal assistance service based in Inverness to serve the Highlands and Islands
for people in the area who could not find a civil legal assistance solicitor to act for them. The new service has established close links with the local legal
profession and advice sector, to enable both referrals to the new service, and from the service to private solicitors.
Facts and figures
On a cash basis, there has been an overall increase in the cost of criminal legal assistance in 2007-2008. This resulted from the combination of a reduction
in the volume of criminal advice and assistance applications, but an increase in the number of accounts paid for both summary criminal and in legally aided
solemn criminal cases.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
90
Management commentary continued
Future development plans
Our strategy and future plans and priorities for the year ahead are set out in the Board’s Corporate Plan 2008-2011. There are two key, related priorities
for the Board over the next three years:
• first, we will work to further improve the efficiency and effectiveness of the delivery of our own functions, the operation of the legal aid system and
its interaction with the rest of the justice system
• second, we want to ensure that there are sufficient providers of legal aid services to meet the needs of the public across Scotland for high quality,
good value legal aid services.
By removing unnecessary bureaucracy and streamlining as far as possible, we can help the system work better. This will benefit applicants, opponents
and solicitors. It will also reduce the administration costs of the system that are paid by the taxpayer.
We can further improve the cost-effectiveness of the legal aid system by continuing our joint programme with the Scottish Government to review and reform
the structure of individual parts of the system. This includes how we pay solicitors, counsel and others, such as experts, who provide services funded by legal
aid. We will also work with others in the justice system to identify any improvements that can be made in the way legal aid interacts with and supports the
wider justice system.
There are a number of specific projects that will help us address these priorities. A number of these projects flow from or are dependent upon Scottish
Ministers’ decisions. There may be some change in what we will deliver and when, as the Scottish Government determines its priorities for access to justice,
including legal aid. This will also reflect the spending decisions flowing from the Scottish Budget spending review 2007.
Overall, the main priority projects for the coming year are:
• reform of summary criminal legal assistance on 30 June 2008, to support the reform of the summary justice system. There will be ongoing monitoring
of the operation of the reforms.
• implementation in late 2008 of a wide range of major changes designed to simplify the operation and administration of civil legal assistance
• substantial further expansion of Legal Aid Online, our service which allows solicitors to submit legal aid applications and accounts through the internet.
Most aspects of our business will be available online in late 2008.
• reform of the feeing arrangements for solicitors in solemn criminal cases
• introduction of quality assurance for criminal legal assistance solicitors
• transfer from the courts to the Board of the power to grant solemn criminal legal aid
• advising Scottish Ministers on the legal aid implications of the outcome of Lord Gill’s review of the civil courts, due to report in early 2009, and implementing
any associated changes to the legal aid system
• providing Board employed solicitors to fill gaps in private sector provision, where this is the best way to ensure access
• continue to work with the Scottish Government to develop and deliver changes to legal aid to further increase value for money as part of the drive for
efficient government
• in 2007 the Scottish Government published its strategic objectives. During 2008 we will work with the Scottish Government to consider how legal aid
and the Board can best contribute to the delivery of the government’s objectives in a way which is compatible with our statutory obligations.
Legal Aid Fund
Estimating the future cost of legal aid is complex. Legal aid is not cash limited and can be affected by numerous factors. For example, overall volumes of
criminal legal aid applications are affected by many factors, such as crime levels and police clear up rates. Changes in these and other factors could lead
to changes in the volume of applications for legal aid, which will have a subsequent effect on spending.
Our current estimates of volumes and expenditure are based on recent trends and latest indications of likely future trends. Current figures suggest that overall
net cash expenditure from the Legal Aid Fund is likely to be around £153 million in 2008-2009, slightly lower than in 2007-2008. However, both the demand led
nature of the Fund and the susceptibility of the trends in volume and cost to external factors may impact on this forecast.
For more detailed information please refer to the Board’s Corporate Plan 2008-2011 or this Annual Report from pages 30 to 45.
Payment of suppliers
The Board’s payment policy for suppliers in respect of its administrative expenditure is to agree payment terms when placing orders for goods and services
and, whenever necessary, ensure that suppliers are aware of the Board’s terms of payment. The Board aims to comply with these terms subject to satisfactory
performance by the supplier. The Board adheres to “The Better Payment Practice Code”. The target turnaround time for invoices is 30 days. In 2007-2008,
the Board met this target in 95% of cases (2006-2007: 98%).
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
91
Introduction
Management commentary continued
Environmental matters
The Board has considered the existing legislation and guidance available on environmental and sustainability matters. The Board places importance
on ensuring that its policies and procedures are in line with good environmental practice and statute. The targets that the Board set itself for the period
2007-2008 have been achieved, including the key priorities of reducing water consumption and the ratio of recycled paper used.
Year in review
Over the last year the Board has worked with the Carbon Trust to establish a process for the measurement of its carbon footprint. This has provided a clear
focus for the areas where we affect the environment and we have responded by seeking to ensure that each of these is being addressed in a way that seeks
to reduce our carbon emissions. In the last year we have increased the volumes of waste recycled and have changed our main electrical supply to a green
tariff. Through the involvement of a staff ‘green team’ every aspect of consumption and waste is being examined and we have worked with Envirowise, the
Carbon Trust and Lothian and Edinburgh Environmental Partnership in the last year to continue to identify ways in which we can reduce the impact we have
on the environment.
Basis of going concern
As shown in note 35 the actuarial estimate of the Board’s accrued pension liabilities stands at £36m. This reflects the inclusion of liabilities falling due
in future years. The Board’s pension scheme, being ‘unfunded’, has no tangible assets. Rather, in accordance with arrangements set out in the Legal Aid
(Scotland) Act 1986, pensions and other liabilities are met from Grant-In-Aid as they fall due, resulting in the scheme’s reliance on future funding from the
Scottish Government. Accounting rules and convention currently prohibit the Board anticipating such funding in these accounts, resulting in the Scottish
Legal Aid Board’s balance sheet on page 117, showing ‘net liabilities’ and ‘negative taxpayer’s equity’.
Similarly changes in accounting practice introduced last year mean that the Board can no longer adopt the approach of reflecting a balance sheet debtor
in respect of future income from the Scottish Government, relating to the £76m valuation of work in progress for legal aid certificates in issue. The absence
of such a balancing debtor is reflected by a position where liabilities will exceed assets, resulting in the Scottish Legal Aid Fund balance sheet on page 102,
showing ‘net liabilities’ and ‘negative taxpayer’s equity’.
Accordingly, it has been considered appropriate to adopt a going concern basis for both the Scottish Legal Aid Fund and the Scottish Legal Aid Board in the
preparation of these financial statements.
Representations
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
About us
The Accountable Officer and the Board Members who held office at the date of approval of these accounts confirm that, so far as they are each aware, there
is no relevant audit information of which the Board’s auditors are unaware; and the Accountable Officer and each of the Board Members has taken all the steps
that he/she ought reasonably to have taken to make himself/herself aware of any relevant audit information and to establish that the Board’s auditors are
aware of that information.
Statement of accounts
The technical accounting approach has no impact on the underlying basis for meeting the Board’s current and ongoing obligations to solicitors and advocates
in relation to the payment for work done on legal aid certificates in issue. These will be met out of the Board’s funding from the Scottish Government, in
accordance with arrangements set out in the Legal Aid (Scotland) Act 1986, which creates a statutory obligation for payment of sums due to any solicitor
or counsel out of the Legal Aid Fund.
Statistical tables
The technical accounting practice has no impact on the underlying basis for meeting the Board’s current and ongoing pension liabilities. These will be met out
of the Board’s funding from the Scottish Government, in accordance with arrangements set out in the Legal Aid (Scotland) Act 1986. The Scottish Government
has given the Board a written assurance that there are no plans to change the existing arrangements whereby they fund the Board’s administrative costs,
including the provision for the net pension costs, through Grant-In-Aid. Further, they state that there are no plans to wind up the Board, and that if this was ever
to become a possibility, then the liabilities falling due under the pension scheme would be a matter which the Government would require to recognise through
the legislation that was considered by Parliament.
Facts and figures
In line with the Financial Reporting Manual, issued annually by HM Treasury, these annual accounts are required to reflect Financial Reporting Standard 17
‘Retirement Benefits’. This requires entities to recognise, in their accounts, the costs, the assets and the liabilities of pension schemes.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
92
Remuneration report
Remuneration and Appointments Committee
During 2007-2008 the Board’s Remuneration and Appointments Committee comprised the following members:
• William Gallagher, Board Member and Convener of Remuneration and Appointments Committee
• Iain Robertson CBE, Board Chairman
• Professor Mahendra Raj, Board Member (resigned 31 July 2007)
• Sheriff Kenneth Ross, Board Member.
The purpose of the Remuneration and Appointments Committee is to consider remuneration of the Board’s senior staff and to take an overview of
appointments and remuneration issues, including the staff pay remit submitted to the Scottish Government, pension policies and related matters.
Senior management
Appointments of senior management are on a permanent basis in accordance with individual contracts:
Name
Lindsay Montgomery
Tom Murray
Ian Middleton
Andrew Menzies
Colin Lancaster
Employment
start date
Notice period
1 July 1999
1 May 1986
11 May 1987
3 March 2003
20 June 1997
3 months
12 weeks
12 weeks
12 weeks
12 weeks
The current minimum pensionable retirement age is 60 years of age, although senior staff now have, as with all employees, a contractual right to work until
65 years old as the Government’s current national default retirement age. All contracts include notice periods as indicated above. Termination payments,
where appropriate, are made under the Board’s redundancy policy which allows either for a redundancy payment, or where an individual is over 50 years old,
a retirement pension and lump sum.
Annual pay awards and bonuses for the Chief Executive and Directors are based on performance.
The Chief Executive’s performance is appraised by the Chairman in consultation with the Remuneration and Appointments Committee. His annual pay
award and non-consolidated bonus of up to 10% of base salary are considered by the Remuneration and Appointments Committee and approved by the
Scottish Government.
Directors’ salaries are revalorised annually by the same rate of increase as awarded by the Scottish Government to Board Members subject to at least
satisfactory performance. Directors are also eligible for non-consolidated bonuses of up to 10% of base salary. Their performance is appraised by the Chief
Executive under the Board’s performance and management system which applies to all staff. The bonus levels awarded are approved by the Remuneration
and Appointments Committee.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
93
Introduction
Remuneration report continued
The following tables provide a breakdown of executive and non-executive Directors’ remuneration in 2006-2007 and 2007-2008 and have been audited by the
Board’s auditors.
Real increase
in pension
Total
Total and related
remuneration remuneration
lump sum
2007-2008
2006-2007
at age 60
£000
£000
£000
Accrued
pension
at age 60
at 31 March
2008
and related
lump sum
£000
Cash
equivalent
transfer
value
at 31 March
2008
£000
13
T Murray, Director of Legal Services and Applications
Salary
80-85
80-85
Pension
0-2.5
20-25
Related lump sum
0-2.5
60-65
Transfer value
478
411
6
A Menzies, Director of Corporate Services and Accounts
Salary
65-70
65-70
Pension
0-2.5
15-20
Related lump sum
0-2.5
55-60
Transfer value
300
250
2
I Middleton, Director of Audit and Compliance
Salary
55-60
55-60
Pension
0-2.5
15-20
Related lump sum
2.5-5.0
55-60
Transfer value
463
392
18
C Lancaster, Director of Policy and Development
Salary
55-60
50-55
Pension
0
5-10
Related lump sum
0
15-20
Transfer value
80
70
-4
Cash equivalent transfer value (CETV)
Real increase in CETV
This reflects the increase in CETV effectively funded by the employer. It does not take account of the increase in accrued pension due to inflation or
contributions paid by the employee (including the value of any benefits transferred from another pension scheme or arrangement) and uses common market
valuation factors for the start and end of the period.
About us
This is the actuarially assessed capitalised value of the pension scheme benefits accrued by a member at a particular point in time. The benefits valued are the
members’ accrued benefits and any contingent spouse’s pension payable from the scheme. A CETV is a payment made by a pension scheme or arrangement to
secure pension benefits in another pension scheme or arrangement when the member leaves a scheme and chooses to transfer the pension benefits accrued
in their former scheme. The pension figures shown relate to the benefits that the individual has accrued as a consequence of their total membership of the
pension scheme, not just their service in a senior capacity to which disclosure applies. The CETV figures include the value of any pension benefit in another
scheme or arrangement, which the individual has transferred to the Legal Aid Board Pension scheme and for which the Board has received a transfer payment
commensurate with the additional pension liabilities being assumed. They also include any additional pension benefit accrued to the member as a result of
their purchasing additional years of pension service in the scheme at their own cost. CETVs are calculated within the guidelines and framework prescribed
by the Institute and Faculty of Actuaries.
Statement of accounts
L Montgomery, Chief Executive
Salary
95-100
90-95 Pension
0-2.5
40-45
Related lump sum
0-2.5
120-125
Transfer value
920
790
Statistical tables
Real
increase
in cash
equivalent
transfer
value
£000
Facts and figures
Cash
equivalent
transfer
value
at 31 March
2007
£000
Year in review
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
94
Remuneration report continued
Board Members
The remuneration for the Chairman and other Board Members is determined by the Scottish Government. Under the current Scottish Government policy,
the basic remuneration for the Chairman and Board Members is revalorised annually, providing performance is at least satisfactory, at a rate of increase that
is set by Ministers as informed by the recommendations of the Senior Salaries Review Body. The Chairman formally assesses the performance of Board Members
annually against criteria as agreed between the Chairman and the Scottish Government. The current criteria include: commitment/contribution; team working;
ability to constructively challenge within the Board; contribution to strategy/policy formulation; and specific areas of contribution. Remuneration of the Board
Members for 2007-2008 was as follows:
Name
2007-2008
£000
Graham Bell QC Les Campbell William Gallagher Joseph Hughes Denise Loney Paul McBride QC Susan McPhee Ellen Morton
David Nicol
Iain Robertson CBE (Chairman) Elaine Rosie
Professor Mahendra Raj Sheriff Kenneth Ross (not remunerated) Graham Watson 2006-2007
£000
5-10
5-10
5-10
5-10
5-10
5-10
5-10
5-10
10-15
30-35
5-10
0-5
–
5-10
5-10
0-5
5-10
0-5
0-5
5-10
5-10
5-10
10-15
25-30
5-10
0-5
–
5-10
Other than the Chairman, Board Members are not members of the Board’s pension scheme. Details relating to the Chairman’s pension benefits were as follows:
Real
increase
in pension
and related
lump sum
at age 60
£000
Accrued
pension
at age 60
at 31 March
2008
and related
lump sum
£000
Cash
equivalent
transfer
value
at 31 March
2008
£000
Cash
equivalent
transfer
value
at 31 March
2007
£000
I Robertson, Chairman
Pension
0-2.5
0-5
Related lump sum
2.5-5
5-10
Transfer value
47
Real
increase
in Cash
equivalent
transfer
value
£000
8
8
Appointment of the Chairman by the Scottish Government is on a part-time basis (2 days a week) for a fixed term (normally 4 years) which is renewable for
a second term but there will be no automatic renewal or extension of the appointment. The Board Members are appointed by the Scottish Government on a
part-time basis (3½ days per month) for a fixed term of 3 or 4 years, which is renewable for a second term but there will be no automatic renewal or extension
of the appointment beyond the first term. Scottish Ministers may terminate Board appointments giving 3 months’ notice in writing prior to the intended date
of termination where appropriate.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
95
Introduction
Remuneration report continued
The table below shows the appointments of the serving Board Members for the year to 31 March 2008:
Name
Graham Bell QC
Les Campbell
William Gallagher Joseph Hughes
Denise Loney
Paul McBride QC
Susan McPhee
Ellen Morton
David Nicol
Iain Robertson CBE (Chairman) Elaine Rosie
Professor Mahendra Raj (resigned 31 July 2007)
Sheriff Kenneth Ross Graham Watson 1 April 2006
1 September 2006
1 April 2000
1 September 2006
1 January 2007
1 April 2006
1 January 2005
1 December 2002
1 April 2002
1 April 2006
1 January 2005
1 September 2006
1 April 2004
1 April 2006
Period of appointment to
31 March 2010
31 March 2011
31 March 2008
31 March 2011
31 March 2011
31 March 2010
31 March 2012
31 March 2010
31 March 2010
31 March 2010
31 March 2012
31 March 2011
31 March 2012
31 March 2010
Facts and figures
Start date Year in review
Statistical tables
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
Statement of accounts
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
96
Statement of the Board’s and Chief Executive’s responsibilities
The Legal Aid (Scotland) Act 1986 (“the Act”), as amended by the Public Finance and Accountability (Scotland) Act 2000, states that the Scottish Legal Aid
Board must prepare a statement of accounts for each financial year in the form and on the basis determined by Scottish Ministers and set out in the accounts
direction. The accounts are prepared on an accruals basis and must give a true and fair view of the state of affairs of the Scottish Legal Aid Fund and the
Scottish Legal Aid Board and of its income and expenditure, recognised gains and losses and cash flows for the financial year.
In preparing the accounts the Accountable Officer is required to comply with the requirements of the Government Financial Reporting Manual, and in particular must:
• observe the accounts direction issued by Scottish Ministers, including the relevant accounting and disclosure requirements, and apply suitable accounting
policies consistently
• make judgements and estimates reasonably
• state whether applicable accounting standards as set out in the Government Financial Reporting Manual have been followed, and show and explain any
material departures in the financial statements
• prepare the financial statements on a going concern basis, unless it is inappropriate to presume that the Board will continue to operate.
The Scottish Government’s Director General for Justice and Communities has designated the Chief Executive of the Scottish Legal Aid Board as the
Accountable Officer for the Board. The responsibilities of an Accountable Officer, including responsibility for the propriety and regularity of the public
finances for which I am answerable, for keeping proper records and for safeguarding the Board’s assets are set out in the Non-Departmental Public Bodies’
Accountable Officer Memorandum.
The Board and the Chief Executive are responsible for the maintenance and integrity of the corporate and financial information included on the Scottish Legal
Aid Board’s website. Legislation in the UK governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
97
Introduction
Statement on the system of internal control
Scope of responsibility
As Accountable Officer, I have responsibility for maintaining a sound system of internal control that supports the achievement of the Scottish Legal Aid Board’s
policies, aims and objectives, whilst safeguarding the public funds and departmental assets for which I am responsible, in accordance with the responsibilities
assigned to me.
The purpose of the system of internal control
Capacity to handle risk
The Board and the Executive Team lead the Board’s risk management process. Ownership of every identified risk lies with a named member of the Executive
Team. A senior manager is appointed as Risk Management Co-ordinator to deal with training as well as administrative and reporting issues within the Board’s
risk framework.
Facts and figures
The system of internal control is designed to manage risk to a reasonable level rather than to eliminate all risk of failure to achieve policies, aims and
objectives. It can therefore only provide reasonable and not absolute assurance of effectiveness. The system of internal control is based on an ongoing process
designed to identify and prioritise the risks to achieving departmental policies, aims and objectives; to evaluate the likelihood of those risks being realised
and the impact should they be realised; and to manage them efficiently, effectively and economically. The system of internal control has been in place in the
Board for the year ended 31 March 2008 and up to the date of approval of the Annual Report and Accounts, and accords with Scottish Government guidance.
Year in review
The Board is a Non-Departmental Public Body sponsored by the Scottish Government. The Board has a Chairman appointed by Scottish Ministers and consists
of not less than 11 and not more than 15 members who are appointed by Scottish Ministers. Board Members are responsible for determining the Board’s
strategic aims, approving its corporate plan, monitoring expenditure and operations, providing advice to Scottish Ministers and reviewing Board performance.
The Risk Management Co-ordinator has undertaken training accredited by the Institute of Risk Management and further training is scheduled to ensure the
Board continues to be aware of and able to apply best practice.
The Board provides training for all staff on risk management theory and practice. It encourages all staff to apply risk management techniques to setting
and reviewing their personal and departmental objectives, and to contribute to preparing and reviewing risk registers. The Board has documented its risk
management process in its “Risk Policy and Framework” document, which is available to all staff. This document, and the staff training, explains the principles
of risk appetite. The Board also has a delegated authority matrix. This documents the limits of post holders’ authority in specified areas, while setting out the
procedures, such as business cases, for new ventures that involve costs and risk but which may be beneficial to the Board’s stakeholders.
Statistical tables
The Board’s internal auditors have assured the Board and the Chief Executive that its risk management procedures comply with best practice, in the form
of the Risk Management Standard of the Institute of Risk Management.
The risk and control framework
More generally, the organisation is committed to a process of continuous development and improvement. The organisation has continued to provide training to
managers and staff on both the principles of risk management and the practical application of risk management within the Board. Risk awareness and training
forms part of the induction for all staff. Regular review and reporting of risks has taken place throughout the year, with reviews and reports being considered
at all levels (team, departments, directorates, Executive Team, Audit Committee and Board).
About us
The key ways in which risk management is embedded in the Board are:
• the link between corporate planning and risk management processes
• including risk in routine, regular operational reporting processes
• the ownership of risks by Directors and managers
• involving the Audit Committee and the Board in agreeing and reviewing strategic and operational risks
• including risk management in training plans and as standing items in team meetings
• using risk registers for each of the Board’s projects, as part of the PRINCE2 project management methodology
• the documented timetable of monthly, quarterly and annual reviews of strategic and departmental risk profiles.
Statement of accounts
The key elements of the Board’s risk management strategy are:
• clear and concise documentation and training for all staff on the Board’s definition of risk, its objectives in having a risk framework and staff roles
and responsibilities
• a documented and communicated process of identifying and evaluating risks, assessing risk appetite, identifying and implementing suitable responses
to risks, providing ongoing assurance about the effectiveness of the framework and processes to embed and review risk awareness
• multi-level review and reporting processes throughout the risk cycle, involving staff, managers, the Executive Team, internal audit, the Audit Committee
and the Board
• identification and regular review of both the continuing appropriateness of the risks and responses identified and of the on-going status of the identified
or planned responses to risks.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
98
Statement on the system of internal control continued
Review of effectiveness of the internal control system
As Accountable Officer, I have responsibility for reviewing the effectiveness of the system of internal control. My review of its effectiveness is informed by:
• the managers within the Board who are responsible for developing and maintaining the internal control framework
• the work of the internal auditors, who submit to the Chief Executive and the Board’s Audit Committee, regular reports which include the Director of Audit
and Compliance’s independent and objective opinion on the adequacy and effectiveness of the Board’s systems of internal control together with
recommendations for improvement
• comments made by the external auditors in their management letter and other reports.
The Board and the Audit Committee have advised me on the implications of the result of my review of the effectiveness of the system of internal control.
A plan to address weaknesses and ensure continuous improvement of the system is in place.
System of internal control
The wider system of internal control is based on an ongoing process designed to identify the principal risks to achieving Board policies, aims and objectives;
to evaluate the nature and extent of those risks; and to manage them efficiently, effectively and economically.
The Board
The Board meets regularly and monitors operational and financial performance and considers the plans and strategic direction of the Board. Board Committees
are in place to deal with areas such as audit; legal aid policy; complex, sensitive or high profile legal aid cases; and remuneration and appointments. The Chief
Executive and Directors also attend Board meetings. The Executive Team and the Audit Committee review, quarterly, the effectiveness of its risk management
framework and the content and appropriateness of the Board’s departmental and strategic risk registers. The Board reviews this work annually.
The Executive Team
The Chief Executive leads an Executive Team made up of the Directors responsible for the operational and administrative functions of the Board. The Executive
Team meets at least twice a month and receives comprehensive management information on all the Board’s operations, including information on risk management.
The Executive Team receives and reviews monthly updates to risk registers and, in liaison with the Risk Management Co-ordinator and Internal Audit Department,
undertakes quarterly reviews of all Board risk registers.
The Remuneration and Appointments Committee
The Committee considers remuneration of the Board’s senior staff and takes an overview of appointments and remuneration issues, including the staff pay
remit submitted to the Scottish Government, remuneration and terms and conditions for the Chief Executive and Executive Directors and pension policies
and related matters.
The Audit Committee
During the year the composition of the Audit Committee changed to one which was composed solely of Board Members. In December 2007, the Audit
Committee’s co-opted chairman resigned and was replaced by a Board Member. In March 2008, the Chief Executive resigned his membership of the Audit
Committee, in line with best practice. The Audit Committee reports direct to the full Board. As part of its remit, it is responsible for advising the Accountable
Officer on the effectiveness of the Board’s internal control system. The Audit Committee receives and reviews quarterly reports from the Risk Management
Co-ordinator about the status of the Board’s risk registers and on any risk-related activity, such as training.
The Audit Committee has responsibility for assisting the Accountable Officer and the Board Members to perform their individual and collective responsibilities
for ensuring that:
• the Board’s published financial statements represent a true and fair reflection of the financial position
• the Board complies with any statutory requirements for the use of public funds
• the Board operates within agreed limits to its authority and for the use of public funds
• Board Members comply with the code of conduct for NDPBs published by the Treasury.
The Audit Committee receives regular reports from the Internal Audit Department, to standards defined in the Government Internal Audit Manual. These include
the Director of Audit and Compliance’s independent opinion on the adequacy and effectiveness of the Board’s system of internal control and recommendations
for improvement. It is also responsible for overseeing financial reporting, external audit, internal control, and Audit and Compliance Department activities.
Internal audit
The Board has an internal audit service supervised by the Director of Audit and Compliance. Internal audit work concentrates on areas of key activity
determined from an analysis of the areas of greatest risk. These are scheduled in the annual audit activity plan approved by the Audit Committee and the Chief
Executive. The Director of Audit and Compliance is responsible to me as the Chief Executive and makes quarterly reports to the Audit Committee. He has direct
access to Board Members and to the Convener of the Audit Committee.
The Director of Audit and Compliance has issued an Assurance Statement to me, which provides his opinion on the adequacy and effectiveness of the internal
control system and the extent to which it can be relied on. The external auditors also report to me, the Audit Committee, and to the Board, any internal control
issues that they identify during their normal audit activities.
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
99
Introduction
Independent auditor’s report
Independent auditors’ report to the Scottish Legal Aid Board, the Auditor General for Scotland and the Scottish Parliament
This report is made solely to the Scottish Legal Aid Board and to the Auditor General for Scotland in accordance with sections 21 and 22 of the Public Finance
and Accountability (Scotland) Act 2000. Our audit work has been undertaken so that we might state to those two parties those matters we are required to state
to them in an auditor’s report and for no other purpose. In accordance with the Code of Audit Practice approved by the Auditor General for Scotland, this report
is also made to the Scottish Parliament, as a body. To the fullest extent permitted by law, we do not accept or assume responsibility to anyone other than the
Scottish Legal Aid Board and the Auditor General for Scotland, for this report, or the opinions we have formed.
Year in review
We have audited the financial statements of the Scottish Legal Aid Board for the year ended 31 March 2008 under the Legal Aid (Scotland) Act 1986.
In accordance with Section 5(1) of the Legal Aid (Scotland) Act 1986 the Scottish Legal Aid Board has a duty to prepare separate financial statements in
respect of the Scottish Legal Aid Fund and the Scottish Legal Aid Board (Grant-In-Aid), each of which comprise the Operating Cost Statement and Statement
of Recognised Gains and Losses, the Balance Sheet, the Cash Flow Statement, and the related notes. These financial statements have been prepared under
the accounting policies set out within them. We have also audited the information in the Remuneration Report that is described in that report as having
been audited.
Respective responsibilities of the Board, Chief Executive and auditors
Our responsibility is to audit the financial statements and the part of the Remuneration Report to be audited in accordance with relevant legal and regulatory
requirements and with International Standards on Auditing (UK and Ireland) as required by the Code of Audit Practice approved by the Auditor General for Scotland.
In addition, we report to you if, in our opinion, the body has not kept proper accounting records, if we have not received all the information and explanations
we require for our audit, or if information specified by relevant authorities regarding remuneration and other transactions is not disclosed.
We review whether the Statement on internal control reflects the body’s compliance with the Scottish Government’s guidance, and we report
if, in our opinion, it does not. We are not required to consider whether this statement covers all risks and controls, or form an opinion on the effectiveness
of the body’s corporate governance procedures or its risk and control procedures.
Basis of audit opinions
We planned and performed our audit so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient
evidence to give reasonable assurance that the financial statements and the part of the Remuneration Report to be audited are free from material misstatement,
whether caused by fraud or error, and that in all material respects the expenditure and receipts shown in the financial statements were incurred or applied
in accordance with any applicable enactments and guidance issued by the Scottish Ministers. In forming our opinion we also evaluated the overall adequacy
of the presentation of information in the financial statements and the part of the Remuneration Report to be audited.
About us
We conducted our audit in accordance with the Public Finance and Accountability (Scotland) Act 2000 and International Standards on Auditing (UK and Ireland)
issued by the Auditing Practices Board as required by the Code of Audit Practice approved by the Auditor General for Scotland. An audit includes examination,
on a test basis, of evidence relevant to the amounts, disclosures and regularity of expenditure and receipts included in the financial statements and the part
of the Remuneration Report to be audited. It also includes an assessment of the significant estimates and judgements made by the Board and Chief Executive
in the preparation of the financial statements, and of whether the accounting policies are most appropriate to the body’s circumstances, consistently applied
and adequately disclosed.
Statement of accounts
We read the other information contained in the Annual Report and consider whether it is consistent with the audited financial statements. This other
information comprises only Legal Aid is Important, Our Vision, Chairman’s Introduction, Chief Executive’s Report, Public Defence Solicitors’ Office,
Corporate Developments, Our Performance, Facts and Figures Overview, Civil Legal Assistance, Criminal Legal Assistance, Children’s and Contempt Legal
Assistance, Board Members and Executive Team, Statistical Tables, About the Board, About Legal Aid, Foreword in the Statement of Accounts, and the part
of the Remuneration Report in the Statement of Accounts that is not audited. We consider the implications for our report if we become aware of any apparent
misstatements or material inconsistencies with the financial statements. Our responsibilities do not extend to any other information.
Statistical tables
We report to you our opinion as to whether the financial statements give a true and fair view and whether the financial statements and the part of the
Remuneration Report to be audited have been properly prepared in accordance with the Legal Aid (Scotland) Act 1986 Act and directions made thereunder
by the Scottish Ministers. We report to you whether, in our opinion, the information which comprises the management commentary included in the Statement
of Accounts, is consistent with the financial statements. We also report whether in all material respects the expenditure and receipts shown in the financial
statements were incurred or applied in accordance with any applicable enactments and guidance issued by the Scottish Ministers.
Facts and figures
The Chief Executive is responsible for preparing the Statement of Accounts, which includes the Remuneration Report, and the financial statements in
accordance with the Legal Aid (Scotland) Act 1986 and directions made thereunder by the Scottish Ministers. The Chief Executive is also responsible
for ensuring the regularity of expenditure and receipts. These responsibilities are set out in the Statement of Chief Executive’s responsibilities.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
100
Independent auditor’s report continued
Opinions
Financial statements
In our opinion:
• T he Scottish Legal Aid Board financial statements give a true and fair view, in accordance with the Legal Aid (Scotland) Act 1986 and directions made
thereunder by the Scottish Ministers, of the state of affairs as at 31 March 2008 of the Scottish Legal Aid Fund and Scottish Legal Aid Board (Grant-In-Aid)
and of the Scottish Legal Aid Fund’s and Scottish Legal Aid Board’s (Grant-In-Aid) operating cost, recognised gains and losses and cash flows for the year
then ended;
• the financial statements and the part of the Remuneration Report to be audited have been properly prepared in accordance with the Legal Aid (Scotland)
Act 1986 and directions made thereunder by the Scottish Ministers; and
• information which comprises the management commentary included with the Statement of Accounts is consistent with the financial statements.
Regularity
In our opinion in all material respects the expenditure and receipts shown in the financial statements of the Scottish Legal Aid Fund and the Scottish Legal
Aid Board (Grant-In-Aid) were incurred or applied in accordance with any applicable enactments and guidance issued by the Scottish Ministers, the Budget
(Scotland) Act covering the financial year and sections 4 to 7 of the Public Finance and Accountability (Scotland) Act 2000.
KPMG LLP
Chartered Accountants
Registered Auditor
Saltire Court
20 Castle Terrace
Edinburgh EH1 2EG
24 November 2008
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
101
Introduction
Scottish Legal Aid Fund
Operating cost statement for the year ended 31 March 2008
Notes
2007-2008
£000 2006-2007 £000
2
3
45,649 (14,515)
54,878
(13,924)
Total net civil legal assistance expenditure
31,134 40,954
Criminal legal assistance
Criminal legal aid
Criminal advice and assistance and ABWOR
Contempt of court
PDSO
92,703 10,175 146 1,439 98,470
12,495
112
955
Gross civil legal assistance expenditure
Less operating income
4
4
4
4
Total criminal legal assistance expenditure 104,463 112,032
Children’s legal assistance
Children’s legal aid
Children’s advice and assistance and ABWOR
2,949 419 4,210
459
Total children’s legal assistance expenditure
3,368 4,669
Other expenditure
Miscellaneous legal aid expenditure
Bad debt (net of movement on provision)
8
92 2,296 60
577
2,388 637
Statistical tables
5
5
Facts and figures
35,410
19,468
–
Year in review
Civil legal assistance
Civil legal aid
2 28,986
Civil advice and assistance and ABWOR
2 16,363 Part V Service
2
300
Net expenditure before interest 141,353 158,292
16
9
(45)
35 (2,532)
(30)
19
(2,606)
Net operating costs 138,811 155,675
All income and expenditure is derived from continuing activities.
Statement of accounts
Interest receivable
Pension scheme finance costs
Notional interest on capital
Statement of recognised gains and losses for the year ended 31 March 2008
Notes
2007-2008
£000 2006-2007 £000
Pension scheme – changes in assumptions
16
162 Pension scheme – actuarial loss
16
(226)
Pension scheme – Part V transfer to Fund
16
(141)
Pension scheme – PDSO transfer to Fund
16
– (133)
(40)
–
(333)
Recognised losses relating to the year
(506)
(205)
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
102
Scottish Legal Aid Fund continued
Balance sheet as at 31 March 2008
Notes
2008
£000 Fixed assets
Intangible assets
10
6
Tangible assets
11
21 2007 £000
12
8
27 20
Debtors: amounts falling due in more than one year
12
8,002 8,858
Current assets
Debtors: amounts falling due within one year
Cash at bank and in hand
12
13
3,759 7,409 3,330
5,516
11,168 (7,864)
8,846
(7,349)
Creditors: amounts falling due within one year
14
Net current assets
Total assets less current liabilities
Provisions for liabilities and charges
15
3,304 1,497
11,333 10,375
(75,742) (89,155)
Net liabilities excluding pension liability (64,409)
Pension liability
16
(905)
(78,780)
(567)
Net liabilities including pension liability
Represented by:
General Fund
17
Revaluation Reserve
18
(65,314)
(79,347)
(65,315)
1 (79,348)
1
Taxpayers’ equity
(65,314)
(79,347)
2007-2008
£000 2006-2007 £000
The notes on pages 103 to 115 form part of these accounts and should be read in conjunction with the statements above.
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
Cash flow statement for the year ended 31 March 2008
Notes
Net cash outflow from operating activities before financing
19 (153,666) (150,921)
Capital expenditure:
Payments to acquire tangible fixed assets
11
(22)
–
Net cash outflow before financing (153,688) (150,921)
Financing:
Grant-In-Aid received
17 155,581 149,019
Increase/(decrease) in cash in the year
Reconciliation of movement in cash to movement in net funds
Opening cash at bank and in hand 13
Closing cash at bank and in hand 13
1,893 (1,902)
5,516 7,409 7,418
5,516
Movement in net funds
1,893 (1,902)
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
103
for the year ended 31 March 2008
Introduction
Notes to the accounts for the Scottish Legal Aid Fund
1 Accounting policies
1.1 Basis of accounting
Facts and figures
The Board estimates the value of unbilled live cases each year to arrive at the amounts disclosed within the accounts as a provision. The amount is an estimate
of the expenditure required to settle any obligation at the balance sheet date following the requirements of Financial Reporting Standard 12 ‘Provisions,
contingent liabilities and contingent assets’. In estimating the provision, the Board has adopted prudent measurement techniques based on the latest data
available. No income is anticipated for cases that may successfully recover costs. As a result the Scottish Legal Aid Board Fund balance sheet on page 102
shows net liabilities of £65m (2007: £79m). This reflects the inclusion of liabilities falling due in future years which, to the extent that they are not to be met
from the Board’s other sources of income, may only be met by future grants or grants-in-aid from the Scottish Government. This is because, under the normal
conventions applying to Scottish Government control over income and expenditure, such grants may not be paid in advance of need. Grant-In-Aid for 20072008, taking into account the amounts required to meet the Board’s liabilities falling during that year, has already been included in the Scottish Government’s
estimates for that year, which have been approved by parliament, and there is no reason to believe that the Scottish Government’s full sponsorship and future
parliamentary approval will not be forthcoming. Further, the Legal Aid (Scotland) Act 1986 creates a statutory obligation for payment of sums due to any solicitor
or counsel out of the Legal Aid Fund. Accordingly, it is considered appropriate to adopt the going concern basis for the preparation of these financial statements.
Year in review
The accounts have been prepared in accordance with the historical cost convention as modified, to include fixed assets at their value to the organisation
by reference to their current cost. The accounts are prepared in accordance with the accounting principles and disclosure requirements of the Government’s
‘Financial Reporting Manual’. Without limiting the information given, the accounts meet the accounting and disclosure requirements of the Accounting
Standards Board, so far as those requirements are appropriate and in accordance with the Accounts Direction given by Scottish Ministers. The accounting
policies selected have been applied consistently in dealing with items considered material in relation to the accounts.
1.2 Corresponding amounts
Corresponding amounts are shown for the primary financial statements and for the notes to the accounts. Where corresponding amounts are not directly
comparable with the amount shown in the current financial year, Financial Reporting Standard 28 ‘Corresponding Amounts’ requires that they should
be adjusted and the basis for adjustment disclosed in a note to the financial statements.
Most of the expenditure of the Board is met from funds advanced by the Scottish Government within an approved allocation. Cash drawn down to fund
expenditure within this approved allocation is credited to the General Fund. All income that is not classed as funding is recognised in the period in which
it is receivable. Funding for the acquisition of general fixed assets received from the Scottish Government is credited to the General Fund. Funding received
from any source for the acquisition of specific assets is credited to the government grant reserve and released to the operating cost statement over the life
of the asset.
Statistical tables
1.3 Funding
1.4 Fixed assets
1.5 Depreciation
1.6 Notional credits
In accordance with the Government Financial Reporting Manual, a notional credit for interest on capital is included in the Operating Cost Statement.
An accounting entry reversing this notional position is included in the General Fund. This is a charge when the balance sheet shows net assets and a credit
when the balance sheet reports net liabilities.
1.7 Provisions for liabilities and charges
The liability to pay accounts resulting from work performed up to and including 31 March is calculated based on the number of outstanding legal aid
certificates and estimates of cost and time since the certificate was issued.
1.8 Pension costs (PDSO and Part V staff)
The Legal Aid (Scotland) Pension Scheme 1988 is an unfunded pension scheme providing benefits based on final pensionable pay. The liabilities of the scheme
are held separately from those of the Board. Pension scheme liabilities are measured using a projected unit method and discounted at the current rate of return
on a high quality corporate bond of equivalent term and currency to the liability. The amounts charged to the statement of financial activities represents both
the service cost, i.e. the cost of the additional benefits earned as a result of employees’ service in the current year; and the finance charge for the year arising
from the interest on the scheme liabilities, in line with the requirements of Financial Reporting Standard 17 ‘Retirement Benefits’.
About us
Depreciation is provided on all fixed assets, on a straight-line basis, at rates calculated to write-off the re-valued cost, less estimated residual value,
of each asset over its expected useful life as follows:
• office equipment – 5 years
• office furniture – 10 years
• personal computer hardware and software – 3 years
• other computer hardware – 5 years
• other software licences – the shorter term of the length of life of licence and its useful economic life.
Statement of accounts
Fixed assets are capitalised at their cost of acquisition and installation and are re-valued each year using Business Monitor Producer Price Indices to take
account of specific price changes. The threshold for capitalisation of assets is £5,000; however, individual assets whose cost falls below the threshold
but are of a similar nature are grouped and capitalised.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
104
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
1.9 VAT
The Board is not eligible to register for VAT and all costs are shown inclusive of irrecoverable VAT.
1.10 Losses and special payments
Operating expenditure includes certain losses which would have been made good through insurance cover had the Board not been bearing its known risks.
Losses and special payments are disclosed separately in a note to the accounts (note 20).
1.11 Related party transactions
Related party transactions are identified, considered and disclosed in line with the requirements of Financial Reporting Standard 8 ‘Related Party Transactions’.
2 Civil legal assistance expenditure
2007-2008 £000 2006-2007 £000
Civil legal aid
Solicitors’ charges
Advocates’ fees
Solicitor Advocates’ fees
Outlays
14,074 5,474 –
9,422 20,641
4,928
7
9,757
Expenses paid to successful unassisted persons
28,970 16 35,333
77
28,986 35,410
Civil advice and assistance and ABWOR
Solicitors’ charges
Outlays
13,827 2,536 17,230
2,238
16,363 19,468
Part V Service
Civil defence costs – outlays
Salaries and wages
Social security costs
Pension scheme service costs
Accommodation
Rentals under operating leases
Other operating costs
1 132 11 24 13 2 117 –
–
–
–
–
–
–
300 –
Gross civil legal assistance expenditure
45,649 54,878
Less operating income
(14,515)
(13,924)
Total net civil legal assistance expenditure
31,134 40,954
These figures include:
• estimates of the value of work done for which payment is outstanding at 31 March 2008
• estimates for work done as a matter of special urgency. Some of this work will not lead to a grant of full legal aid and may be paid under determination
by the Scottish Ministers under section 4(2)(c) of the Legal Aid (Scotland) Act 1986. In 2007-2008, the expenditure under this scheme was £957,000
(2006-2007: £1,240,000).
• payments to account made to solicitors and advocates under regulation 11 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989. In 2007-2008 the
expenditure under this scheme was £1,994,000 (2006-2007: £2,010,000).
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
105
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
3 Civil legal assistance income
2007-2008 £000 2006-2007 £000
1,603 10,992 564 1,356 2,546
9,279
573
1,526
Total
14,515 13,924
Facts and figures
Notes
a.Contributions by assisted persons is shown net of any refunds. Amongst the reasons refunds may arise are:
• the financial circumstances of the assisted person having changed
• the total cost of the case being less than the contribution
• the cost of a case having been fully recovered from a third party.
The net amounts refunded during 2007-2008 were £375,000 (2006-2007: £378,000).
b. E xpenses recovered are shown net of any adjustments, which may arise because the legal aid account has been taxed (re-assessed) by the Auditor of Court. Expenses refunded during 2007-2008 were £4,000 (2006-2007: £37,000). These are incorporated in the operating income table above.
c.Included in the amounts recovered out of property recovered or preserved by assisted persons are sums relating to assets over which the Board has taken
a standard security. Under certain circumstances, the Board will securitise assets such as property until the debt is repaid. Any outstanding sum will attract
interest at 8% a year, unless the rate is adjusted by an Act of Sederunt, until the balance is settled. The total value of securitised assets for 2008, including
accrued interest, is £265,000 (2007: £298,000).
Year in review
Contributions by assisted persons (note a)
Expenses recovered (note b)
Amounts recovered out of property recovered or preserved by assisted persons (note c)
Losses recovered from damages
Statistical tables
Statement of accounts
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
106
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
4 Criminal legal assistance expenditure
2007-2008 £000 2006-2007 £000
Criminal legal aid
Solicitors’ charges
Advocates’ fees
Solicitor Advocates’ fees
Outlays
72,452 11,997 2,699 5,555 78,419
12,103
2,748
5,200
92,703 98,470
Criminal advice and assistance and ABWOR
Solicitors’ charges
Outlays
9,636 539 11,924
571
10,175 12,495
Contempt of court
Solicitors’ charges
Advocates’ fees
Solicitor Advocates’ fees
Outlays
97 20 25 4 92
8
10
2
146 112
Public Defence Solicitors’ Office (PDSO)
Criminal defence costs – outlays
Salaries and wages
Social security costs
Pension scheme service costs
Accommodation
Audit fees
Rentals under operating leases
Depreciation (see notes 10 and 11)
Revaluation/permanent diminution in value of fixed assets
Other operating costs
125 731 60 77 106 2 80 15 – 243 63
489
43
42
137
2
–
15
2
162
1,439 955
Total criminal legal assistance expenditure 104,463 112,032
These figures include:
• estimates of the value of work done for which payment is outstanding at 31 March 2008
• estimates for work done as a matter of special urgency. Some of this work will not lead to a grant of full legal aid and may be paid under determination
by the Scottish Ministers under section 4(2)(c) of the Legal Aid (Scotland) Act 1986. In 2007-2008, the expenditure under this scheme was £103,000
(2006-2007: £92,000).
• the costs of the PDSO include the costs of setting up new offices in Ayr, Dundee, Falkirk and Kirkwall as requested by the Scottish Government.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
107
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
5 Legal aid for children
2007-2008 £000 2006-2007 £000
2,908
–
932
370
2,949
4,210
Children’s advice and assistance
Solicitors’ charges
Outlays
410
9
448
11
419
459
Total children’s legal assistance expenditure
3,368
4,669
These figures include estimates of the value of work done for which payment is outstanding at 31 March 2008.
Facts and figures
1,480
1
1,119
349
Year in review
Children’s legal aid
Solicitors’ charges
Solicitor Advocates’ fees
Counsels’ fees
Outlays
These figures reflect the Board’s recovery of £0.8m from the fraud disclosed in the 2006-2007 accounts. The balance of the £1.8m loss was recovered by the
Scottish Ministers’ Civil Recovery Unit with no loss, therefore, to public funds.
2007-2008 £000 2006-2007 £000
715
60
16
77
485
43
4
42
868
574
2007-2008 Average WTE 2006-2007 Average WTE
Staff numbers
Operations and legal services
Administration and support functions
14
9
11
5
23
16
About us
PDSO pensions and other benefits are payable out of the Scottish Legal Aid Fund account.
Statement of accounts
Staff costs
Staff salaries and wages
Social security costs
Agency/temporary/contract
Pension scheme service and other costs
Statistical tables
6 PDSO staff
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
108
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
7 Part V Service staff
2007-2008 £000 2006-2007 £000
Staff costs
Staff salaries and wages
Social security costs
Pension scheme service costs
132
11
24
–
–
–
167
–
2007-2008 Average WTE 2006-2007 Average WTE
Staff numbers
Operations and legal services
Administration and support functions
4
–
–
–
4
–
Part V pensions and other benefits are payable out of the Scottish Legal Aid Fund account.
8 Bad debt (net of movement in provision)
2007-2008 £000 2006-2007 £000
Irrecoverable contributions from assisted persons
Irrecoverable expenses
Irrecoverable sums from property recovered or preserved by assisted persons 571
1,610
115
328
242
7
2,296
577
The sums written off during the year were £828,000 (2006-2007: £417,000).
A debt review carried out during the year highlighted that there were a number of debts still reflected in the Board’s balance sheet, where having undertaken
effective and timely recovery actions, it was clear that the debt was unlikely to be recoverable.
Some of these cases have been written off during 2007-2008. The remainder, which include those where formal confirmation of the Scottish Government’s
agreement to write-off was received after 31 March 2008, are included in an increase in the provision.
9 Notional credits
A notional credit for interest on capital is included in the Operating Cost Statement. This is calculated at 3.5% (2006-2007: 3.5%) of the average value of net
liabilities on the balance sheet.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
109
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
10 Intangible fixed assets
Software £000
Cost or valuation
Balance at 1 April 2007
Permanent diminution
46
(1)
As at 31 March 2008
45
Amortisation
Balance at 1 April 2007
Provided during year
Backlog
34
6
(1)
39
6
Net book value at 31 March 2007
12
These assets relate to the operation of the PDSO.
Facts and figures
As at 31 March 2008
Net book value at 31 March 2008
Year in review
11 Tangible fixed assets
Office
furniture
and fittings
£000 Office
equipment
£000 PC/
computer
hardware
£000 Total
£000
Cost or valuation
Balance at 1 April 2007
Additions
Permanent diminution
5
–
–
6
12
–
44
10
(1)
55
22
(1)
As at 31 March 2008
5
53
76
36
7
(1)
47
9
(1)
As at 31 March 2008
8
42
55
Net book value at 31 March 2008
–
10
Net book value at 31 March 2007
–
–
11
21
8
8
5
About us
These assets relate to the operation of the PDSO.
Statement of accounts
18
Depreciation
Balance at 1 April 2007
5
6
Provided during year
–
2
Backlog
–
–
Statistical tables
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
110
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
12 Debtors
2008 £000 2007 £000
Bodies external to Government
Contributions due from assisted persons
Expenses to be recovered
Amounts due out of property recovered or preserved by assisted persons
Prepayments
5,928
3,344
2,141
348
5,965
4,246
1,724
253
11,761
12,188
Amounts falling due in less than one year included above are:
Bodies external to Government
Contributions due from assisted persons
Expenses to be recovered
Amounts due out of property recovered or preserved by assisted persons
Prepayments
2,490
457
464
348
2,378
365
334
253
3,759
3,330
Bodies external to Government
Contributions due from assisted persons
Expenses to be recovered
Amounts due out of property recovered or preserved by assisted persons
3,438
2,887
1,677
3,587
3,881
1,390
8,002
8,858
Amounts falling due after more than one year included above are:
13 Cash
2008 £000 2007 £000
Cash at bank and in hand
Principal sums* (note 14)
Funds held under arrestment pending resolution (note 14)
2,663
4,499
247
167
5,090
259
7,409
5,516
* Principal sums consist of damages and other money recovered on behalf of assisted persons. They are held in an interest bearing account until all the
financial transactions for a case are concluded. Once the net liability to the Legal Aid Fund can be settled, the remaining balance due will be transferred
to the assisted person. The movement in the account during the year was as follows:
2008 £000 2007 £000
Balance as at 1 April
5,090
6,435
Received during the year
Interest received during year
7,166
238
12,890
227
7,404
13,117
Less:
Sums repaid to assisted persons
Interest paid to assisted persons
Losses recovered from damages received
6,442
198
1,355
12,754
182
1,526
7,995
14,462
Balance as at 31 March
4,499
5,090
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
111
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
14 Creditors
2008 £000 2007 £000
43
3,075
4,499
247
21
1,979
5,090
259
7,864
7,349
Year in review
Bodies external to Government
Accruals
Amounts due to solicitors and advocates
Principal sums (note 13)
Arrestments (note 13)
15 Provisions for liabilities and charges
2008 £000 2007 £000
Provision for amounts outstanding on granted legal aid cases
As at 1 April
Additions and increase to provision
Amounts used in the period
Unused amounts reversed in the period
89,155 41,668 (41,435)
(13,646)
79,322
55,489
(32,533)
(13,123)
As at 31 March
75,742 89,155
Statistical tables
The Board estimates the value of unbilled live cases each year to arrive at the amounts disclosed within the accounts as a provision. The amount is an estimate
of the expenditure required to settle any obligation at the balance sheet date following the requirements of Financial Reporting Standard 12 ‘Provisions,
contingent liabilities and contingent assets’. In estimating the provision, the Board has adopted prudent measurement techniques based on the latest data
available. No income is anticipated for cases that may successfully recover costs.
Facts and figures
The provision for the year has fallen by £13m compared to the previous year. This fall is due to a reduction in the number of cases outstanding, including
around £3m as a result of a fall in the number of new applications granted; the remainder arising from a refinement of the method used to calculate the
provision, recognising that in some cases a legal aid account will not be received.
Statement of accounts
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
112
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
16 Pension arrangements
The Board operates a contributory defined benefit (final salary) pension scheme.
The Legal Aid (Scotland) Pension Scheme 1988 sets out the conditions for entitlement and determines the rate at which benefits are payable. The scheme
is set up under paragraph 8(3) of Schedule 1 to the Legal Aid (Scotland) Act 1986 which gives the Board power to make rules to provide pensions, allowances or
gratuities for its employees. The scheme is administered on behalf of the Board by the Scottish Public Pensions Agency, an Executive Agency of Scottish Ministers.
Although the Board operates a single scheme for all staff, the income, costs and liabilities are apportioned between staff funded by the Scottish Legal Aid
Fund, historically only PDSO staff; and staff funded from the Scottish Legal Aid Board’s Grant-In-Aid. During the year, the funding of the Board’s Part V
schemes was transferred from the Scottish Legal Aid Board’s Grant-In-Aid to the Scottish Legal Aid Fund. As a consequence, this disclosure now relates
only to PDSO and Part V staff.
There being no assets held, the scheme is unfunded. The pensions and other benefits are met as they fall due. Scheme members pay contributions at a rate of
6% of pensionable remuneration. These contributions are used to offset the expenditure. Contributions from PDSO staff were £68,000 (2006-2007: £19,000).
A full actuarial valuation of the scheme was carried out as at 31 March 2008 by Buck Consultants. The major assumptions used by Buck Consultants were:
31 March 2008
Discount rate per annum
Revaluation of deferred pensions
Increases to pensions in payment
Salary increases
Inflation
31 March 2007
5.32%
2.75%
2.75%
3.75%
2.75%
4.60%
2.75%
2.75%
3.75%
2.75%
The mortality rate assumptions used for pensioner life expectancy assumed in the 31 March 2008 valuation were based on the table PXA92 projected to 2045:
Life expectancy in years
Male – aged 60
Female – aged 60
Male – aged 40
Female – aged 40
2007-2008 £000 87.9
90.5
89.3
91.6
2006-2007
£000
Analysis of the amount charged to operating costs
Current service cost (see notes 6 and 7) 98
42
98
42
2007-2008 £000 2006-2007 £000
Analysis of the amount credited to income
Finance charges on pension scheme liabilities
35
19
35
19
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
113
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
16 Pension arrangements continued
2007
£000
567 – 141*
–
333
–
708 333
98 35 (162)
226 42
19
133
40
Liability in scheme at end of the year
905 567
* In previous years’ accounts the pension liabilities arising from Part V staff have been included in the liabilities of the Scottish Legal Aid Board accounts.
During the year, the funding of Part V schemes was transferred from the Scottish Legal Aid Board’s Grant-In-Aid to the Scottish Legal Aid Fund.
As a consequence, the liabilities relating to Part V staff have been transferred to the Scottish Legal Aid Fund Accounts.
Facts and figures
Movement in year
Current service cost Finance charge
Changes in financial assumptions
Actuarial loss
Year in review
Reconciliation of the liability in the scheme over the year: Scheme liability at the beginning of the year
Transfer of PDSO staff from Grant-In-Aid
Transfer of Part V staff from Grant-In-Aid
2008 £000 Amounts for the current and previous four years are as follows:
2008 £000 2007 £000 2006 £000 2005 £000 2004
£000
Defined benefit obligation
905 567 – – –
Experience adjustments on plan liabilities
(226)
(40) – – –
17 General Fund
2008 £000 2007 £000
(65,315)
(79,348)
Statement of accounts
Balance at 1 April (79,348) (69,580)
Government grant 155,581 149,000
Net cost of operations (138,811) (155,675)
Net movement on pension scheme (205)
(487)
Reversal of notional interest on capital
(2,532)
(2,606)
Balance as at 31 March
Statistical tables
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
114
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
18 Revaluation Reserve
2008 £000 2007 £000
Balance at 1 April 2007
1
1
Balance as at 31 March 2008
1
1
19 Reconciliation of net costs of operations to net cash outflow from operating activities
2007-2008 £000 2006-2007
£000
Net operating costs (138,811) (155,675)
Depreciation charges
15 15
Permanent diminution in value of fixed assets
– 2
Decrease/(increase) in debtors
427 (1,671)
Increase/(decrease) in creditors
515 (880)
(Decrease)/increase in provisions (13,413)
9,833
Pension scheme service and finance costs 133 61
Reversal of notional interest on capital
(2,532)
(2,606)
Net cash outflow from operating activities (153,666) (150,921)
20 Losses and special payments
No of cases
2007-2008
£000
No of cases
Write-off of bad debt
1,335
828
Special payments*
39
49
1,374
877
2006-2007 £000
795
18
417
29
813
446
* T here are cases where, in good faith, a solicitor or counsel provides advice for which the Board cannot pay under the letter of the Act or Regulations.
There are also cases where an error is made by the Board. In such cases, the Board may make an ex-gratia payment, without prejudice, of compensation
up to an agreed limit.
21 Related party transactions
During the year, the Board entered into transactions of a value greater than £1,000 with the following related parties.
2007-2008 £000 Joseph Hughes
Paul McBride QC
David Nicol
Denise Loney
Denis C Loney
Graham Bell QC
Margaret Scanlan (Board member until 31 March 2007)
Michael Scanlan
2006-2007 £000
228
218
39
27
10
26
–
–
255
238
28
–
10
27
2
2
These related parties are Board Members and their spouses or relatives who transacted with the Board at any time during the year. They are active legal aid
practitioners and all the transactions arise from providing legal aid to assisted persons in the normal course of their profession, via their firms. The amounts
detailed include outlays and VAT but do not include amounts paid for work carried out, on behalf of other firms, as an Edinburgh agent.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
115
Introduction
Notes to the accounts for the Scottish Legal Aid Fund continued
for the year ended 31 March 2008
22 Capital commitments
No capital commitments existed at the balance sheet date.
Annual commitments, at 31 March, under operating leases are as follows:
2008
Land and
buildings
£000
2007
Land and
buildings
£000
Leases expiring:
In one year or less
Between one and five years
In five years or more
9
46
36
–
47
36
91
83
24 Post balance sheet date events
Facts and figures
Year in review
23 Operating leases
No events have occurred since the balance sheet date and the time these accounts were signed that would materially affect the information provided.
Statistical tables
Statement of accounts
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
116
Scottish Legal Aid Board
Operating cost statement for the year ended 31 March 2008
Notes
2007-2008 £000 Expenditure
Staff costs
26
Operating costs
27
Depreciation 30 & 31
Permanent diminution in value of fixed assets and backlog depreciation 30 & 31
Loss on disposal of fixed assets 30 & 31
Impairment of fixed assets
30 & 31
2006-2007 £000
9,920
4,158
444
40
–
55
9,192
4,083
494
71
15
19
Operating costs before interest
Pension scheme finance costs
35
Notional interest on capital 29
14,617
13,874
1,707
(1,230)
1,441
(1,063)
Net operating costs 15,094
14,252
All income and expenditure is derived from continuing activities.
Statement of recognised gains and losses for the year ended 31 March 2008
Notes
2007-2008 £000 2006-2007 £000
Pension scheme – changes in assumptions
35
Pension scheme – actuarial loss
35
Pension scheme – transfer of Part V to Legal Aid Fund
35
Pension scheme – transfer of PDSO to Legal Aid Fund
35
4,454 (702)
141 – (6,378)
(2,301)
–
333
Recognised gains/(losses) relating to the year
3,893 (8,346)
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
117
Introduction
Scottish Legal Aid Board continued
Balance sheet as at 31 March 2008
Notes
2008 £000 2007 £000
107
884
641
991
Current assets
Debtors
32
Cash at bank and in hand
549
49
543
18
Creditors: amounts falling due within one year
33
598
(194)
561
(253)
Net current assets
404
308
Net assets excluding pension scheme liabilities
Pension scheme liability
35
1,045
(35,786)
1,299
(36,830)
Net liabilities including pension liability
(34,741)
(35,531)
Represented by:
General Fund
Revaluation Reserve
(34,769) (35,548)
28
17
36
37
(34,741)
(35,531)
The notes on pages 103 to 115 form part of these accounts and should be read with the statements above.
Cash flow statement for the year ended 31 March 2008
Notes
2007-2008 £000 (13,001)
(12,415)
(11)
(167)
(5)
(394)
Net cash outflow before financing
Financing:
Financed by government grant
36
(13,179)
(12,814)
13,210 12,772
Increase/(decrease) in cash in the year
Reconciliation of movement in cash to movement in net funds
Opening cash at bank and in hand Closing cash at bank and in hand 31 (42)
18 49 60
18
Movement in net funds
31 (42)
About us
Net cash outflow from operating activities
38
Capital expenditure:
Payments to acquire intangible fixed assets
30
Payments to acquire tangible fixed assets
31
2006-2007 £000
Statement of accounts
Lindsay Montgomery
Chief Executive and Accountable Officer
24 November 2008
Statistical tables
Taxpayers’ equity
Facts and figures
60
581
Year in review
Fixed assets
Intangible assets
30
Tangible assets
31
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
118
Notes to the accounts for the Scottish Legal Aid Board
for the year ended 31 March 2008
25 Accounting Policies
25.1 Basis of accounting
The accounts have been prepared in accordance with the historical cost convention as modified, to include fixed assets at their value to the organisation by
reference to their current cost. The accounts are prepared in accordance with the accounting principles and disclosure requirements of the Financial Reporting
Manual. Without limiting the information given, the accounts meet the accounting and disclosure requirements of the Accounting Standards Board, so far as
those requirements are appropriate and in accordance with the Accounts Direction given by Scottish Ministers. The accounting policies selected have been
applied consistently in dealing with items considered material in relation to the accounts.
As explained in note 35, pensions and other benefits are payable out of Grant-In-Aid and are met as they fall due. However, the accounts have been prepared
in line with Financial Reporting Standard 17 ‘Retirement Benefits’ and include an actuarial valuation of the pension scheme liability. As a result, the balance
sheet shows net liabilities of £35m (2007: £36m). This reflects the inclusion of liabilities falling due in future years which, to the extent that they are not to
be met from the Board’s other sources of income, may only be met by future grants or grants-in-aid from the Scottish Government. This is because, under
the normal conventions applying to Scottish Government control over income and expenditure, such grants may not be paid in advance of need. Grant-In-Aid
for 2008-2009, taking into account the amounts required to meet the Board’s liabilities falling during that year, has already been included in the Scottish
Government’s estimates for that year, which have been approved by parliament, and there is no reason to believe that the Scottish Government’s full
sponsorship and future parliamentary approval will not be forthcoming. Accordingly, it is considered appropriate to adopt the going concern basis for
the preparation of these financial statements.
25.2 Corresponding amounts
Corresponding amounts are shown for the primary financial statements and for the notes to the accounts. Where corresponding amounts are not directly
comparable with the amount shown in the current financial year, Financial Reporting Standard 28 ‘Corresponding Amounts’ requires that they should be
adjusted and the basis for adjustment disclosed in a note to the financial statements.
25.3 Funding
Most of the expenditure of the Board is met from funds advanced by the Scottish Government within an approved allocation. Cash drawn down to fund
expenditure within this approved allocation is credited to the General Fund. All income that is not classed as funding is recognised in the period in which
it is receivable. Funding for the acquisition of general fixed assets received from the Scottish Government is credited to the General Fund. Funding received
from any source for the acquisition of specific assets is credited to the government grant reserve and released to the operating cost statement over the life
of the asset.
25.4 Fixed assets
Fixed assets are capitalised at their cost of acquisition and installation and are re-valued each year using Business Monitor Producer Price Indices to take
account of specific price changes. The threshold for capitalisation of assets is £5,000; however, individual assets whose cost falls below the threshold but
are of a similar nature, are grouped and capitalised.
25.5 Depreciation
Depreciation is provided on fixed assets on a straight-line basis, at rates calculated to write-off the re-valued cost, less estimated residual value, of each asset
over its expected useful life, as follows:
• office equipment – 5 years
• office furniture – 10 years
• personal computer hardware and software – 3 years
• other computer hardware – 5 years
• other software licences – the shorter term of the length of life of licence and its useful economic life.
25.6 Notional credits
In accordance with the Government Financial Reporting Manual, a notional credit for interest on capital is included in the Operating Cost Statement.
An accounting entry reversing this notional position is included in the General Fund. This is a charge when the balance sheet shows net assets and a credit
when the balance sheet reports net liabilities.
25.7 Operating leases
Rentals applicable to operating leases are charged to the Operating Cost Statement on a straight-line basis over the period of the lease.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
119
Introduction
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
25 Accounting Policies continued
25.8 Pension costs
25.9 Accruals and prepayments
Year in review
The Legal Aid (Scotland) Pension Scheme 1988 is an unfunded pension scheme providing benefits based on final pensionable pay. The liabilities of the scheme
are held separately from those of the Board. Pension scheme liabilities are measured using a projected unit method and discounted at the current rate of return
on a high quality corporate bond of equivalent term and currency to the liability. The amounts charged to the operating cost statement represents both the
service cost, i.e. the cost of the additional benefits earned as a result of employees’ service in the current year; and the finance charge for the year arising from
the interest on the scheme liabilities, in line with the requirements of Financial Reporting Standard 17 ‘Retirement Benefits’.
The Board adjusts cash spend using accruals and prepayments to match expenditure to the period it was actually incurred. Only invoices over £500 are
accrued or prepaid.
25.10 VAT
Facts and figures
The Board is not eligible to register for VAT and all costs are shown inclusive of irrecoverable VAT.
25.11 Losses and special payments
Operating expenditure includes certain losses which would have been made good through insurance cover had the Board not been bearing its own risks.
Losses and special payments are disclosed separately in a note to the accounts (note 39).
26 Staff
2007-2008 £000 2006-2007 £000
130
7,150
552
1,142
521
109
316
128
6,857
542
843
459
130
233
9,920
9,192
2007-2008 Average WTE
2006-2007 Average WTE
Staff numbers
Operations and legal services
Administration and support functions
Agency/temporary/contract
179
114
23
185
105
16
316
306
Statement of accounts
Statistical tables
Staff costs
Board Members’ emoluments
Staff salaries
Social security costs
Pension scheme service costs
Payments to pensioners
Contributions refunded and transfers to other schemes
Agency/temporary/contract
About us
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
120
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
27 Operating costs
2007-2008 £000 2006-2007 £000
Accommodation
Audit fee
Staff related costs
Travel and subsistence
Postage, stationery and telephones
Office equipment and maintenance
External research
Civil peer review
Corporate publications, leaflets and forms
Rentals under operating leases
Other administrative costs
512 40 249 80 324 691 76 283 239 680 984 542
39
228
85
315
803
31
256
238
691
855
4,158 4,083
28 Interest receivable
The contract with the Royal Bank of Scotland prescribes quarterly payments of bank interest receivable. The creditor balance of £44,000
(2006-2007: £30,000) as at 31 March 2008 (see note 33), which has been accumulating over a number of years, is held pending agreement
on the treatment of this with the Scottish Government.
29 Notional credits
A notional credit for interest on capital is included in the Operating Cost Statement. This is calculated at 3.5% (2006-2007: 3.5%) of the average value of net
liabilities on the balance sheet.
30 Intangible fixed assets
Software £000
Cost or valuation
Balance at 1 April 2007
Additions
Disposals
Permanent diminution in value
394
11
(33)
(16)
As at 31 March 2008
356
Depreciation
Balance at 1 April 2007
Provided during year
Disposals
Backlog 287
53
(33)
(11)
As at 31 March 2008
296
Net book value at 31 March 2008
60
Net book value at 31 March 2007
107
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
121
Introduction
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
31 Tangible fixed assets
Office
furniture
and fittings
£000 Office
equipment
£000 PC/
computer
hardware
£000 Total £000
Cost or valuation
Balance at 1 April 2007
Additions
Disposals
Revaluation
Permanent diminution in value
26 – – 1 – 266 29 – 20 – 1,875 138 (414)
– (69)
2,167
167
(414)
21
(69)
As at 31 March 2008
27 1,530 1,872
1,095 352 (414)
(34)
55 1,283
391
(414)
(24)
55
As at 31 March 2008
26 211 1,291
581
Net book value at 31 March 2007
1 103 780 884
32 Debtors
2008 £000 2007 £000
549 543
549 543
33 Creditors
2007 £000
Other central Government bodies
Interest received due to Scottish Government
44 30
Bodies external to Government
Accruals
Trade creditors
142 8 143
80
194 253
About us
Statement of accounts
Bodies external to Government
Prepayments
2008 £000 Statistical tables
1,054 Net book value at 31 March 2008
1 104 476 Facts and figures
315 Depreciation
Balance at 1 April 2007
25 163 Provided during year
– 39 Disposals
– – Backlog 1 9 Impairment
–
–
Year in review
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
122
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
34 Financial instruments
The Board has no borrowings and relies primarily on funding from the Scottish Government for its cash requirements. The Board is, therefore, not exposed
to liquidity risks.
The Board has no material deposits, and all material assets and liabilities are denominated in sterling. The Board is not, therefore, exposed to interest rate
or currency risk.
35 Pension arrangements
The Board operates a contributory defined benefit (final salary) pension scheme.
The Legal Aid (Scotland) Pension Scheme 1988 sets out the conditions for entitlement and determines the rate at which benefits are payable. The scheme
is set up under paragraph 8(3) of Schedule 1 to the Legal Aid (Scotland) Act 1986 which gives the Board power to make rules to provide pensions, allowances or
gratuities for its employees. The scheme is administered on behalf of the Board by the Scottish Public Pensions Agency, an Executive Agency of Scottish Ministers.
Although the Board operates a single scheme for all staff, the income, costs and liabilities are apportioned between staff funded by the Scottish Legal Aid
Fund, presently PDSO and Part V staff; and staff funded from the Scottish Legal Aid Board’s Grant-In-Aid. This disclosure, therefore, relates to staff other
than PDSO and Part V staff.
There being no assets held, the scheme is unfunded. The pensions and other benefits are met as they fall due from Grant-In-Aid. Scheme members pay
contributions of 6% of pensionable salaries amounting to £340,000 (2006-2007 £310,000). These contributions, along with any transfers from other schemes,
are used to offset the Board’s Grant-In-Aid expenditure up to a limit of £250,000. Any excess receipts are surrendered to the Scottish Government; and any
excess expenditure on pensions, over and above that estimated for the year, is met by the Scottish Government.
A full actuarial valuation of the scheme was carried out as at 31 March 2008 by Buck Consultants. The major assumptions used by Buck Consultants were:
31 March 2008
Discount rate per annum
Revaluation of deferred pensions
Increases to pensions in payment
Salary increases
Inflation
31 March 2007
5.32%
2.75%
2.75%
3.75%
2.75%
4.60%
2.75%
2.75%
3.75%
2.75%
The Mortality rate assumptions used for Pensioner life expectancy assumed in the 31 March 2008 valuation were based on the table PXA92 projected to 2045:
Life expectancy in years
Male – aged 60
Female – aged 60
Male – aged 40
Female – aged 40
2007-2008 £000 87.9
90.5
89.3
91.6
2006-2007 £000
Analysis of the amount charged to operating costs
Current service cost (see note 26)
1,142 843
1,142 843
2007-2008 £000 2006-2007 £000
Analysis of the amount credited to income
Finance charges on pension scheme liabilities
1,707 1,441
1,707 1,441
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
123
Introduction
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
35 Pension arrangements continued
36,830 (141)*
– 26,780
–
(333)
Movement in year
Current service cost Benefits paid
Finance charge
Changes in financial assumptions
Actuarial loss
36,689 26,447
1,142 (623)
1,707 (4,454)
1,325 843
(580)
1,441
6,378
2,301
Liability in scheme at end of the year
35,786 36,830
* In previous years’ accounts the pension liabilities arising from Part V staff have been included in the liabilities of the Scottish Legal Aid Board accounts.
During the year, the funding of Part V schemes was transferred from the Scottish Legal Aid Board’s Grant-In-Aid to the Scottish Legal Aid Fund.
As a consequence, the liabilities relating to Part V staff have been transferred to the Scottish Legal Aid Fund accounts.
Facts and figures
2007 £000
Year in review
Reconciliation of the liability in the scheme over the year: Scheme liability at the beginning of the year
Transfer of Part V liabilities to Legal Aid Fund
Transfer of PDSO liabilities to Legal Aid Fund
2008 £000 Amounts for the current and previous four years are as follows:
2008 £000 2007 £000 2006 £000 2005 £000 2004 £000
Defined benefit obligation
35,786 36,830 26,780 19,493 17,259
Experience adjustments on plan liabilities
(702) (360)
(1,038)
1,184 –
Statistical tables
36 General Fund
2008 £000 2007 £000
Balance at 1 April
Operating costs
Net movement on pension scheme Reversal of notional interest on capital
Grant-In-Aid
(35,548) (25,239)
(15,094) (14,252)
3,893 (7,766)
(1,230)
(1,063)
13,210 12,772
Balance as at 31 March 2008
(34,769)
(35,548)
2008 £000 2007 £000
Balance at 1 April 2007
Revaluation of cost
Backlog depreciation on upward revaluation of cost
17
21
(10)
17
–
–
Balance as at 31 March 2008
28
17
About us
37 Revaluation Reserve
Statement of accounts
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
124
Notes to the accounts for the Scottish Legal Aid Board continued
for the year ended 31 March 2008
38 Reconciliation of net costs of operations to net cash outflow from operating activities
2007-2008 £000 2006-2007
£000
Net operating costs
Depreciation charges
Permanent diminution in value of fixed assets
Loss on disposal
Impairment of fixed assets
Increase in debtors
(Decrease)/increase in creditors
Pension scheme service and finance costs
Reversal of notional interest on capital
(15,094)
444 40 – 55 (6)
(59)
2,849 (1,230)
(14,252)
494
71
15
19
(76)
93
2,284
(1,063)
Net cash outflow from operating activities
(13,001)
(12,415)
39 Losses and special payments
No of cases
2007-2008
£000
No of cases
2006-2007 £000
Losses
24 Special payments
7 1 2 4 6 –
1
31 3 10 1
40 Capital commitments
In respect of contracts entered into at 31 March
2008 £000 2007 £000
–
–
41 Operating leases
Annual commitments, at 31 March, under operating leases are as follows:
Land and
buildings £000 2008
Other £000 Leases expiring:
• in one year or less
– – • between one and five years
– 18 • in five years or more
664 – 664 18 Land and
buildings £000 2007 Other £000
– – 664 6
–
–
664 6
The Board’s offices at 39-44 Drumsheugh Gardens, Edinburgh are leased. The lease provides for the payment of a sum for dilapidation at the expiry of the
leases in 2014 and 2015. Because the Board has a rolling planned programme of maintenance to avoid the need for extensive refurbishment at the expiry
of the lease, the Board has not provided for dilapidations.
42 Post balance sheet events
No events have occurred since the balance sheet date and the time these accounts were signed that would materially affect the information provided.
STATEMENT OF ACCOUNTS
Scottish Legal Aid Board Annual Report 2007-08
125
Introduction
Appendix 1: Direction given by Scottish Ministers
Year in review
THE SCOTTISH LEGAL AID BOARD
DIRECTION BY THE SCOTTISH MINISTERS
2.
In accordance with Section 5(1) of the Legal Aid (Scotland) Act 1986, the Scottish Legal
Aid Board has a duty to prepare a separate statement of accounts in respect of the Scottish
Legal Aid Fund (the Fund) and the administration of the Fund (the Board). The statement
of accounts, of both the Fund and the Board, for the financial year ended 31 March 2006,
and subsequent years, shall comply with the accounting principles and disclosure
requirements of the edition of the Government Financial Reporting Manual (FReM)
which is in force for the year for which the statement of accounts are prepared.
4. This direction shall be reproduced as an appendix to the statement of accounts.
The direction given on 13 June 2002 is hereby revoked.
Dated
13 December 2005
Statement of accounts
Signed by the authority of the Scottish Ministers
Statistical tables
3. The accounts shall be prepared so as to give a true and fair view of the income and
expenditure and cash flows for the financial year, and of the state of affairs as at the end
of the financial year.
Facts and figures
1. The Scottish Ministers, in pursuance of Section 5(2) of the Legal Aid (Scotland) Act
1986, hereby give the following direction.
About us
ABOUT US
Scottish Legal Aid Board Annual Report 2007-08
126
About the Board
The Scottish Legal Aid Board
was set up in 1987 to manage
legal aid in Scotland.
We are a non-departmental
public body responsible to
the Scottish Government.
Our work is overseen by
Board Members, who are
appointed by Scottish
Ministers.
Our Annual Report covers the period 1 April 2007 to 31 March 2008.
It is also available on our website www.slab.org.uk
ABOUT US
Scottish Legal Aid Board Annual Report 2007-08
127
Introduction
Our work includes:
• advising Scottish Ministers
on how legal aid is working,
and ways to develop it
• managing the Legal Aid
Fund and deciding whether
to grant applications for
legal aid
• registering firms and
solicitors who do legal
assistance work and
making sure these firms
and solicitors maintain
high standards, including
funding civil quality
assurance wahich is run by
the Law Society of Scotland
• investigating and tackling
fraud and abuse of legal aid
• developing a network of
Board-employed solicitors
who offer criminal legal
advice and representation,
and also, under Part V of
our legislation, developing
advice services on civil
matters using Boardemployed solicitors
• assessing applications
for legal aid in serious
criminal cases, a job
currently done by
the courts
• registering agencies
and their specialist
advisers who are not
lawyers to provide
advice and assistance
and making sure they
meet standards set
out in a Code of Practice
• grant funding
advice services.
Statement of accounts
• deciding if people have to
pay towards the cost of legal
• exploring new ways
assistance, then collecting
of delivering legal
these amounts
aid services.
• assessing solicitors’ and
advocates’ accounts for
legal aid work, and paying
them for the work they
have done
If provisions in the Legal
Profession and Legal Aid
(Scotland) Act 2007 are
commenced, and subject
to decisions by Scottish
Ministers, our work
will include:
Statistical tables
The budget for legal aid is
different from many other
public services, it is not
a set amount. The Scottish
Government gives the Board
the necessary funds to meet
the cost of cases. This means
we never have to refuse
someone legal aid simply
because there is no money
left to pay for their case.
A large part of our job is to
decide who should get legal
aid. If it is granted, legal aid is
used to pay solicitors, counsel
– advocates and solicitor
advocates – and other costs
of the case. The solicitor
could be in private practice,
employed by the Board
or in a law centre.
Facts and figures
For civil and criminal legal
aid we apply the tests,
except in some criminal
and children’s cases,
where the courts decide.
Our work
Year in review
Ministers in the Scottish
Government decide legal
aid policy. Ministers propose
the legislation to set the rules
for legal aid, and the fees to
be paid to the legal profession.
The Scottish Parliament makes
and changes legislation –
including the tests for granting
legal assistance. These tests
are then applied to every
single case. In advice and
assistance and some special
urgency cases, solicitors
apply the tests.
About us
ABOUT US
Scottish Legal Aid Board Annual Report 2007-08
128
About legal aid
Legal aid is help towards
the costs of legal advice and
representation, for those who
qualify, paid for out of public
funds. It is designed to help
individuals on low and modest
incomes gain access to the
legal system.
There are two main types
of legal assistance: advice
and assistance and legal aid.
Legal aid may be free, or
someone may have to pay
towards the cost of their case,
for example through paying
a contribution or from the
money or property that they
win or keep as a result of their
legal action. Legal aid is
accessed through a solicitor.
There are two main types
of legal aid help: advice
and assistance and legal aid.
Together these are called
legal assistance.
• Advice and assistance
covers a wide range of
matters, so long as they
are matters of Scots law.
It pays for advice from
a solicitor, but apart
from a few exceptions
under assistance by
way of representation
(ABWOR), it will not cover
“representation” – that is,
putting the case in court
• Legal aid provides funding
for a solicitor to put the case
in court and some tribunals.
It covers the preparation
work, as well as the hearing
itself, and can provide
funding for advocates,
experts and other costs.
(Cases often begin with
advice and assistance,
and legal aid may be the
next step if necessary.)
The main types of case that
advice and assistance and
legal aid can help with are:
• civil cases – such as divorce
and other matters affecting
family and children, or
actions for compensation
after an accident or
medical negligence
• criminal cases – help,
advice and representation
for someone charged
with a criminal offence
or needing advice about
a criminal matter
• children’s cases – under
the Children (Scotland)
Act 1995, which helps
to make sure children are
protected and supervised.
Legal aid also funds
appeals against decisions
of children’s hearings.