Changes to recording work where fees are time-based

This update provides more information on the upcoming changes to the Legal Aid Online accounts system to require start and stop times for only time-based work entries in civil and children’s accounts.

The change, flagged in our earlier update, harmonises the accounts system across all aid types.

It will improve the information that is recorded by bringing civil and children’s legal assistance broadly into line with the system as it operates for criminal legal assistance.

While fields for start and stop times are already available in the online system for certain civil and children’s work items, and some solicitors as a matter of course already complete these fields, only duration has been required up until now.

The system change will require start and stop times to be entered instead of the duration.

This is for only time-based work, not block fee work.

The system changes will be for:

• civil and children’s – there are no changes for criminal at this time
• work where the fee is computed on a time basis – they do not apply to block fee work
• time engaged at court, travel, meetings and telephone calls
• in civil cases we will be introducing “at court” work items consistent with how the online system works for criminal and children’s to ensure that the fees are calculated on the basis of the total time engaged per day.

We are aware of the need to avoid or reduce unnecessary requirements – and recognise that this may be perceived as a more significant change than it is anticipated to be for most practitioners.

However, we do not expect this to need anything other than a slight adjustment in practice for solicitors.

The Codes of Practice for both criminal and children’s legal assistance already require that file notes record start and stop times in respect of activities chargeable on a time basis.

Most solicitors, in our experience, also routinely capture start and stop times as work is performed. In practical terms, it is this contemporaneous record that enables solicitors at accounts preparation stage to calculate durations.

The change we are now making simply enables the system to capture that detail, compute duration and calculate the appropriate charge.

That solicitors will no longer have to calculate durations themselves (and the reduction in the risk of inadvertent errors arising at that stage) is a benefit to solicitors.

We are conscious of the administrative burdens the operation of legal aid can place upon solicitors and our aim is always to require the minimum information necessary.

The change is part of our general strategy for simplifying the operation of the legal aid system by removing inconsistencies so far as is possible between different forms of legal aid.

There is a more specific driver for us to make this change at this time.

Part of our function is to ensure that the legal aid system operates as Parliament intended.

This includes that the fees payable to solicitors reflect work actually, necessarily and reasonably undertaken, with due regard to economy.

To enable us to properly discharge this function we need sufficient information from solicitors in support of claims for payment.

It has become apparent to us that the requirement to provide durations only in respect of some time-based claims does not always provide us with sufficient assurance that the claim being made is accurate, complete and appropriate.

The provision of start and stop times, from which our system can derive an appropriate duration-based charge, increases our assurance very considerably while placing minimal if any additional administrative burden on those preparing and submitting accounts.

Solicitors may be aware of two cases which recently resulted in exclusions under section 31 of the Legal Aid (Scotland) Act.

The patterns of claiming that resulted in these exclusions would either not have occurred at all or would have been quickly detected had start and stop times been required in support of each claim.

Our wider investigations and accounts assessment work suggests that these cases are unlikely to be isolated instances.

It is our firm view that amending our systems to make start and stop times a mandatory requirement is a proportionate and reasonable step given its clear benefits in assisting us in our duty of effective stewardship of what can be substantial levels of public funds.

Improving our systems in this way will assist in the creation of better records, better accounts, and allow us to better fulfil all aspects of our role.

This benefits the profession and it benefits our administration of legal aid on behalf of both the taxpayer and the profession.

We are working on the next set of Legal Aid Online development for an autumn 2024 release.

We will provide further information on the exact timing of the system changes in due course.

Please contact:

Eileen Grant

Accounts Assessment Manager

Email: manager.accounts@slab.org.uk