THE SCOTTISH LEGAL AID BOARD DRAFT MINUTE OF MEETING OF THE SCOTTISH LEGAL AID BOARD HELD AT 1.30 PM. ON MONDAY 10 SEPTEMBER 2018 AT THISTLE HOUSE, EDINBURGH Present: Ray Macfarlane, Chairman Sheriff John Morris Raymond McMenamin Steve Humphreys Brian Baverstock Lesley Ward Sarah O Neill Marieke Dwarshuis Paul Reid Tim McKay David Sheldon QC In attendance: Colin Lancaster, Chief Executive Graeme Hill, Director of Corporate Services and Accounts Marie-Louise Fox, Director of Operations Anne Dickson, Director of Strategic Development Matthew Auchincloss, Director, PDSO Ian Dickson, Principal Legal Adviser Andrew McIntosh, Corporate Support Manager Brian Sinclair, Cost and Performance Analyst (items 8 and 9 only) Matt Taylor, Assistant Manager, Analysis and Management Information (items 8 and 9 only) Hazel Thoms, Manager of Development and Policy (item 14 only) John Osborne, Policy Projects Manager (items 15 and 16 only) Louise Baggott, Equalities Officer (item 16 only) Stuart Foster, Board Administrator 1. APOLOGIES FOR ABSENCE Rani Dhir. 2. DECLARATIONS OF INTEREST No interests not previously registered in the Register of Board Members Interests were declared. 3. DRAFT MINUTE OF BOARD MEETING HELD ON 23 JULY 2018 The draft minute of the Board meeting held on 23 July 2018 was approved. 4. DRAFT MINUTE OF THE AUDIT COMMITTEE HELD ON 23 JULY 2018 The draft minute of meeting of the Audit Committee held on 23 July 2018 was noted. 5. CHAIRMAN S INTRODUCTION Board minute 10 September 2018 1
The Chairman commented on the successful Strategy Away Day, the finalisation of meeting dates for next year, and potential re-appointment of members whose terms of appointment were scheduled to end in March 2019. 6. CHIEF EXECUTIVE S UPDATE The Chief Executive gave an oral report on the publication of the Programme for Government; a meeting with the Law Society on simplification of legal aid grants; the Edinburgh Bar Association s decision to withdraw from the Justice of the Peace Custody Court duty scheme; trainee numbers in criminal; and Grant Funding arrangements for next year. Discussion took place on SLAB s role in highlighting issues around traineeships in private practice firms. 7. PERFORMANCE REPORT Members considered a paper reporting on operational performance as at 31 July 2018. In discussion, reference was made to the positive response of solicitors to changes made to the treatment of first instance decisions. 8. TRENDS ANALYSIS UPDATE Members considered a paper explaining and commenting on responses to key trends being observed within various aspects of SLAB s operations for the twelve month period to July 2018. In discussion, it was noted that there had been significant increases in expenditure in immigration and asylum and that more extensive analysis of that area was planned, looking at individual firms, their behaviour and the drivers for cost. Discussion also took place on decreases in benefits appeals and housing and recovery of heritable property. high level analysis be undertaken into reasons for the decrease in benefits appeals. Action: MT 9. FINANCE (FUND) REPORT INCLUDING RE-FORECAST Members considered a paper reporting on the Legal Aid Fund financial position for the period ending 31 July 2018, along with an update on the reforecast for 2018/19 and 2019/20. It was noted that the overall forecast remained virtually unchanged and represented a stable position moving to the year end. In discussion, reference was made to potential extra costs arising from additional money going to the Crown to prosecute sexual offences, and means of monitoring changes in police policy. 10. FINANCE (ADMIN AND RESOURCES) REPORT Board minute 10 September 2018 2
Members considered a paper reporting on the Administration finance and resources outturn for the period April 2018 to July 2018. 11. PUBLICATION OF BOARD PAPERS Members considered a paper, together with previous background papers, reporting on the Board paper publication pilot exercise and presenting options for next steps. It was noted that the original pilot had been extended following the appointment of four new Board members in April 2018. In discussion, general support was expressed for the proposed approach to publication, which included the Executive making recommendations on ad hoc papers only in future. to approve the approach to publication of SLAB Board papers as proposed in the paper; the SLAB Publication Scheme be updated to reflect the position; to undertake an annual review of private papers, which would include a Board paper on FOI requests made in respect of Board papers and an assessment of any issues arising from the new approach. Action: AMcI 12. CIVIL LEGAL ASSISTANCE OFFICE (CLAO) UPDATE REPORT Members considered a paper reporting on the operation of the Civil Legal Assistance Office (CLAO) and progress towards implementation of the CLAO Network Business Plan. It was noted that the re-designed service and shift in prioritisation of resources on case types within CLAO s core competencies had been successfully implemented across the network. Together with improved management information, capacity to take on new cases had been created and strategic projects were improving referrals. In discussion, reference was made to CLAO solicitor training and the Edinburgh Health Justice Partnership. 13. PUBLIC DEFENCE SOLICITORS OFFICE AND SOLICITOR CONTACT LINE UPDATE Members considered a paper reporting on the operation of the Public Defence Solicitors Office (PDSO) and Solicitor Contact Line (SCL) for the financial year 2017-18 and to July 2018, together with the results of the most recent PDSO client satisfaction survey, and operation of the SCL. It was noted that the major challenge facing the service during 2017/18 was the implementation of the new police powers and arrested persons rights delivered through the Criminal Justice Act. Amongst other things, this had required a remodelling of the Solicitor Contact Line. In discussion, reference was made to the shortage of local solicitor representation on Police Station Duty plans in the north east. It was clarified that, although the strike action did not result in arrested persons being kept in custody longer in terms of case management, suspects may spend longer in custody due to the travel time it took for PDSO solicitors to travel there. Board minute 10 September 2018 3
Telephone advice was available straight away. Discussion also took place on promoting the adoption of updated practices in the profession and the difficulty of comparing PDSO with the private sector in terms of efficiency; staffing issues; and the continuing challenges ahead. the challenge of comparing practice between the PDSO and private firms would make an interesting future discussion item for the Board. Action: MA 14. NEW CONSUMER BODY CONSULTATION Members considered a paper setting out a proposed response to a Scottish Government consultation paper on the establishment of a new consumer body. It was noted that the proposed response was based on SLAB experience of managing the grant Funding programme. In discussion, reference was made to the link between the new body and advice, and the difficulty of funding debt advice without an understanding of what advice was available. The new body would contribute to existing systems and would have a role in helping services to work together. The consultation was only one way of providing advice to government on these and related issues. to approve the consultation response as proposed. Action: AD 15. STAKEHOLDER RESEARCH IN SUPPORT OF THE PERFORMANCE MANAGEMENT PROJECT Members considered a paper reporting on the range of stakeholder research which supported understanding of SLAB s stakeholders and fed into the performance management project. It was noted that the long form surveys and micro surveys showed similar levels of satisfaction. Areas practitioners felt were in need of improvement had been used to identify priorities for improvement in SLAB operations. In discussion, reference was made to the response rates to the micro surveys which appeared low to members, and differential attitudes to consistency in decision making. The GALA project was expected to address the latter. 16. EQUALITIES: DRAFT PUBLICATION MAINSTREAMING REPORT Members considered a paper reporting on corporate work on equality and diversity. The paper outlined progress with mainstreaming equality and equality outcomes. Current issues included the gathering of equalities related information about applicants from solicitors. A paper would soon be submitted to the Legal Services Policy Committee on disability and decision making. to note the issues being considered in relation to SLAB s public sector equality duties; Board minute 10 September 2018 4
Action: JO to approve the progress report for publication. 17. ONLINE ACCOUNTS PROJECT UPDATE Members considered a paper reporting on the accounts re-write project and progress against the Business Plan 2018-19. It was noted that the project, which had a long and complex history, was due to complete in early 2019. Discussion took place on the cash and non-cash benefits and efficiencies achieved by the project, and the benefits yet to materialise for both SLAB and the profession. It was also considered appropriate to review the project from a lessons learned perspective. on completion of the project, a review of lessons learned be undertaken, with a view, ultimately, to producing an analysis of the benefits and efficiencies achieved and foreseen. Action: GH ITEM FOR INFORMATION Following conclusion of deliberations on the substantive agenda items, members noted a paper circulated for information (Meetings with Outside Bodies). DATE OF NEXT MEETING: Monday 5 November 2018. The meeting ended at 3.25 pm. Board minute 10 September 2018 5