15.05.07
Lawyers found to have defrauded the legal-aid system are set to be officially
“named and shamed”.
The department for constitutional affairs, which has became part of
the new ministry of justice, headed by Lord Falconer, disclosed the move in
response to a request under the freedom of information act (FOIA) for correspondence
with the legal services commission about investigations that it has carried
out into legal-aid payments.
Although the department refused disclosure of the correspondence, it
said that there would be more openness in future about such investigations,
saying: “The commission intends to publish shortly, details of the action
taken on providers and individuals that have been shown to appropriate legal-aid
monies in an inappropriate fashion.”
In response to a separate FOIA request, the commission revealed that
it had carried out 30 “official investigations” into “contracted
suppliers” – understood to be solicitors – in the past three
years: 10 in 2005-06, nine in 2004-05 and 11 in 2003-04.
It said: “Investigations into barristers’ payments would
not generally come under this heading, as normally there is no direct contractual
relationship between the commission and barristers.
“However, we will look into payments made to barristers where
there are equivalent concerns to those giving rise to official investigations
into contracted suppliers. There were no investigations into barristers’
payments undertaken of this type during the last three financial years. However,
preliminary enquiries were made concerning two barristers in 2005/06, following
which no further action was required.”
The commission explained that it had several types of review that did
not amount to “official investigation”.
“There are a number of ways that the commission can look into
the quality and costs of contracted suppliers. These can include contract
compliance audits, peer reviews, controlled audits, quality mark audits and
official investigations. Each of these could be regarded as a type of ‘investigation’.
“Official investigation is a contractual term relating to contracted
suppliers of legal services. This type of investigation is undertaken when
there are concerns regarding possible dishonesty or serious breaches of the
rules or regulations. Investigations by the police and regulators, such as
the law society, would also be classed as official investigations.”
The commission, which buys legal services from solicitors and barristers
on behalf of people eligible for legal aid, said that it is “responsible
for ensuring value for money from all of its spending.” It spends more
than £2 billion a year.
The department for constitutional affairs justified refusing to disclose
the requested correspondence between it and the commission, saying: “It
is in the public interest that any investigation conducted by the commission
into the payment of legal aid can be taken forward discreetly and appropriately
and that an open dialogue can be maintained with the department and its officials
during any such investigation.
“Legal aid represents a significant proportion of the department’s
budget, and of the taxpayer’s money. Ensuring that these monies are
spent effectively and that the system of payment operated by the commission
is not open to abuse is a crucial part of its role.
“Revealing the nature of the investigative process may prejudice
the success of a future investigation by highlighting weaknesses and strengths
in the approach taken by the commission, whilst flagging up to those subject
to investigation in the future as to the likely lines of inquiry.”
It also claimed that disclosure of some of the correspondence would
prejudice the commercial interests of specific legal firms. “Revealing
the detail of an investigation into a firm or provider could lead to sensitive
information regarding the nature of how that firm or provider conducts their
business, which could be particularly detrimental to a provider’s ability
to compete effectively under the proposals for legal aid reform.”
Another version of this article first appeared in The
Sun.
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