This is a guest post by Dan Bunting. Dan is a lawyer who blogs at the UK Criminal Law Blog.
A quick game for you, which of the following is not true?
- The police do not always get it 100% right.
- The Crown Prosecution Service does not always act with wisdom and common sense.
- All lawyers are fat-cats, who milk the extremely generous legal aid system.
The last one is of course not true, but it is what the current government would like you to believe. Why? In order that it may decimate the criminal justice system without you so much as murmuring.
What is this about?
This post is about the Government’s current consultation on ‘reforming’ legal aid. The proposal is to introduce Price Competitive Tendering (PCT) (also known as Best Value Tendering (BVT)). As you know, there is a lot of cost-cutting happening in Government at the moment. Efforts are being made to save money where ever possible and the legal profession is certainly no exception.
What is legal aid?
Legal aid is basically state-funded representation. Where a person needs legal advice and representation, the state sets aside a pot of money to pay the bills. Not all areas of law are eligible for legal aid however. We will, as you would expect, focus purely on crime.
What is the current situation?
At the moment, legal aid is currently available to anyone that is arrested and charged with a criminal offence that is heard in the Crown Court. This means that you can go to any solicitors firm with a legal aid contract who will represent you (an overview can be found here). Depending on your earnings, you may have to make a contribution (that will be capped) which will be returned to you if you win.
What are the Government planning?
In short, a “one size fits all, pile ‘em high” legal aid system. The aim is to reduce the fees by at least 20%.
Currently, there are about 1,600 firms doing criminal work. Some are large, covering huge areas of the country, some are small, providing a more niche service. Currently, every firm is assessed as to whether they provide a proper service and, if they do, they are given a contract.
50% of a firms work will be ‘own client’, i.e., repeat business. If they do not give a proper service, they won’t get people coming back to them and they won’t be able to survive financially. Market forces, it’s as simple as that.
Under the new plans, you will have no say in which lawyer you get. The government, (the same government that is prosecuting you as the CPS), will tell you which lawyer you’re getting. If you have a regular lawyer, or someone who
comes highly recommended, well, tough. Client choice is out of the window.
Also, the fees paid to lawyers are being ‘harmonised’. What that means is that, for almost all cases, the amount that the solicitors are paid will be fixed, regardless of how much or how little work is involved.
There are many problems with what the government is planning, but we’ll just be looking at these two.
Who will be eligible for legal aid under the new proposals?
If you have a disposable income of over £36,500, there will be no legal aid for you, you will to pay privately. This is whether you’re caught with a spliff or caught up in a pub fight which ends up in a trial that lasts weeks. Paying for those lawyers privately won’t be cheap and, even if the jury believe you are innocent, you won’t get your money back (other than at the legal aid rates which will be far less than you’ve forked out) Yes, that’s right, you’ll have to pay for the privilege of a prosecution against you even if you are found innocent. A tax on your innocence, if you like.
What will the effect be?
The aim is that the small firms are pushed out (they say it is ‘inefficient’ to deal with many small firms) and big companies take over – so look forward to Tesco Law, Stobart Barristers (yes, the trucking company) and G4S (the same G4S that stuffed up the security at the olympics).
Even if you’re eligible, there remains the question of what sort of service will you get. How will you know that the lawyer you’ve been given is any good? Under the proposed scheme, you might strike lucky, and get someone who stayed
in the game through duty and a love of the job.
Or, you might end up with the short straw – someone who works at the legal equivalent of a sausage factory, who excels turning around the files on his/her desk quickly while maximising profit. Sure, that file might be your life, but to the sausage factory lawyer, you’re a bit of grist in the mill of meeting a target. The proposed system has a lack of quality built into it, it’s evolution in reverse, the worst lawyers survive.
Then there is the incentive for ‘persuading’ you to pleading guilty.
So, you’re innocent, and you want a lawyer who will fight your corner for you? Ask yourself this – which is more
work:
- flicking through the papers on the train on the way to court and telling you to plead guilty or,
- preparing a case for a trial – speaking to you on several occasions, tracking down your witnesses, speaking to them and making sure that they come to court, chasing down the police and prosecution to give over all the
material they have, which will often involve going to Court to force them two or three times, going through all of the witness statements with a fine toothcomb, looking for that one point that may ‘crack’ the case and then being in Court for the first two days of the trial?
It’s a no brainer. Under the new scheme your solicitor (who prepares the case) and advocate (who goes to court and presents your case to the jury) will get paid exactly the same in both those scenarios above.
Even if you withstand the pressure of ‘persuasion’ and insist on having a trial, do you think that the sausage factory lawyer will prepare a case that effectively he/she is not getting paid for as thoroughly as you would hope? Don’t count on it.
So it is about money?
We are not saying that any lawyer is going to set out to do a bad job or deliberately put money over service, but actions have consequences if you took 30% off the NHS budget tomorrow then, with the best will in the world, you can’t expect the same level of service. Individual doctors and nurses will still go on doing the best they can but no-one would believe that the care that they got would be the same as before.
This isn’t a case of lawyers ‘doing you over’ if they are paid badly. The problem is that there are competing interests. When a firm, because of the 20% (minimum) cut in fees, has to perform as much work as it possibly can in order to stay afloat, and the fees are the same for a long trial or a quick guilty plea, then there is a conflict. One might question whether when faced with a decision which has an impact upon the financial health of their firm, a Tesco Law lawyer can truly be independent. You might be lucky, but do you want to take that risk?
Why should I be bothered?
You may not feel too sorry for lawyers, or you may think that this won’t affect you, but you’d be wrong. Anyone can be the subject of a false allegation or even in the heat of the moment just do something the law declares is wrong.
This isn’t about fee cuts to lawyers. Although criminal lawyers do a get a raw deal in the press in relation to the perception of how much money they earn and how they ‘milk’ the legal aid system, these concerns are about quality.
One day, you might need a legal aid lawyer, and even if you are fortunate enough to qualify for legal aid, there is no guarantee that the lawyer will be acting in your best interests alone. They may well just have an eye on the clock and their quarterly targets.
What can I do about it?
If you’re not happy about it, sign the petition to force a debate in the House of Commons about it.
A campaign group, No To PCT, has been set up. You can find them on twitter and facebook. Also, you can respond to the consultation on an easy online survey.
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The State of Play: Education in Uganda
This is a guest post by Anya Whiteside who is the Education Advocacy Officer at the Forum for Education NGOs in Uganda (FENU). She is also my partner and her blog can be found here.
Despite this seemingly rosy picture, Uganda is a clear example of how focus on access to education alone is not the be all and end all and is not the same as a good education.
It is generally recognised that in Uganda education is in crisis, a crisis that needs urgent action.
Although enrollment has remained high the drop-out rates in Uganda are also high. Uganda’s completion rates in primary education are only 25%. This is compared to 84% in Kenya, 81% in Tanzania and 74% in Rwanda.
Even for the minority of children who stay in school in Uganda the picture is not much better. A report recently released by the government confirms what teachers, politicians, parents and children already know; that even children who stay in school are not learning.
The NAPE report states that for P6 pupils who are at the end of primary school, only 45% of them have reached proficiency in numeracy and only 41% in literacy. As the report starkly puts it ‘less than a half of the P6 pupils have mastered most of the competencies in the P6 curriculum’.
Most worrying of all the results show that education results aren’t improving, and are worse than the results in 2009.
There is not doubt that Ugandan education faces many challenges. Uganda has the second youngest population in the world with 55% of the population under 18 years. When universal primary education was introduced children flooded in to access ‘free’ education with schools and teachers overwhelmed. There are no-where near enough teachers, classrooms, books or sanitation facilities to teach all these children.
It is not uncommon to have teachers attempting to teach classes of over 100 and children taking it in turns to use a pencil. Children often come to school without lunch and so are sat all afternoon hungrily waiting for the end of the day.
But political will is also an important element in this. The percentage share of the Uganda national budget dedicated to education has fallen from 17% in 2007/8 to 15% for 2013/14.
This situation is likely to only get worse after aid donors pulled out after allegations of corruption by the prime ministers office, leaving sizable holes in the education budget.
Funding to government primary schools comes in the form of a grant given per child, per year to each school. On average this is 5,000 Ush (about £1.25) per child per year, so it is unsurprising schools charge parents significant, often unaffordable extras for books and uniforms.
Unlike other countries, where even if they are not paid enough teachers are afforded at least some degree of respect in the local community, in Uganda teachers are considered socially at the bottom of the pile. In government primary schools teachers are paid an average of 260,000Ush a term (£65 a term).
To give you some context, VSO gives me a stipend of 895,000Ush (£223) a month which is meant to cover my basic living costs, excluding accommodation. So you can see that being a teacher is not exactly economically desirable.
When you add to that the appalling delays that teachers experience, waiting months for their salaries due to inefficiencies, it is unsurprising that teachers often don’t turn up or have additional jobs on the side.
Teachers are also not given good training and the style of teaching is extremely reliant on teaching by rote. A colleague of mine told me how she sat in on a teacher training course where the lecturer, with no irony, started by saying ‘in teaching the most important thing is to be interactive and not just talk at students’ and then proceeded to talk at the teachers for several hours.
Teachers are rarely, if ever, inspected and there is little support or ongoing training. On top of this they are blamed consistently for the poor state of education in Uganda – no wonder no one wants to be a teacher!
So is there any hope for education in Uganda?
I would argue that there is, based on all the people I have met who are dedicated to improving education. Everyone knows what the problems in education are and the buzz-word at the moment is ‘quality’ education.
The organisation I work for (FENU) helped to set up the new ‘Parliamentary forum on quality education’. A few weeks ago FENU coordinated the first ever ‘Quality Public Education Week’ which saw Anglican, Catholic and Islamic leaders (70% of schools are linked to religious institutions) come together with trade unionists and politicians. This focus on quality is important, especially as it moves away from only focusing on getting more children into school and also looks at the education those children are receiving.
There are so many different challenges to education here, and I haven’t even touched on child labour, gender inequalities, capital punishment, secondary schooling or vocational training.
Nonetheless there are inspiring people working for change, and no end to the children keen to learn if they are only given the opportunity to do so.
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