We tweeted on this story yesterday. (HT Legal Aid Handbook)
If you have the time and the inclination the full judgement is worth a look at.
If you don’t, everything from para. 81, in a section sub headlined “Legal Aid Agency”, is a must. These findings could almost pass as a “Performance Appraisal” of the LAA’s operation over the last year.
Knee jerk and wrong decision making justified by pro-forma letters (para. 85)
Senior LAA staff demonstrating lack of understanding of the legal issues involved (para. 89)
Decision making, by senior staff, based upon an incomplete understanding of the full circumstances of the case (para. 93)
Wasteful and inefficient procedures and a level of bureaucracy that is almost impenetrable (para. 95)
One could draw similar conclusions about all the operational functions we come across.
This comment just about sums it up:
If this case is at all illustrative of the way the LAA normally discharges its responsibilities then that is deeply troubling.
Indeed, and more so given their wilful refusal to address any of these failings – particularly those which directly impact on legally aided clients in cases of such importance.
I cite this as empirical research in support of my graph.
Having a similar problem with a criminal matter where authority granted but for less than the quote and no other expert will do it for a lower rate.
Copy of LAA’s reply below
Dear Judge Bellamy,
Thank you for the copy of your Judgement in the case Re R.
With regard to the Judgment, the Court abnegated their responsibility and power and surrendered to the Legal Aid Agency in the case of A Local Authority and DS, you had your chance to hold us accountable and enforce your powers; however, you wimped out. Please stop whingeing on about us and bothering us with your thoughts in judgments, we have better things to do than reading your musings, such as stopping the payment of travel expenses and dreaming up very expensive IT projects.
This judgment, as with all similar judgements has now been filed in the circular filing cabinet under my desk.
Yours sincerely, (not really we laugh in the face of the court)
Matthew Coats