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Civil Quality Assurance

The Civil Legal Aid reforms implemented on 1 October 2003 consist of a new system of applications and reporting, a new fee structure and the creation of a Quality Assurance Scheme.

The Quality Assurance Scheme was put on a statutory footing by the Solicitors (Scotland) (Civil Legal Aid and Advice and Assistance) Practice Rules 2003 which have since been amended by the Solicitors (Scotland) (Civil Legal Aid and Advice and Assistance) Rules 2004. The new fee structure is set out in the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003.

The Scheme is based on registration with the Scottish Legal Aid Board (SLAB) for all firms who have granted civil legal assistance applications from 1 October 2003. Registered firms operating civil legal assistance are subject to SLAB's periodic administrative reviews and periodic quality assurance peer reivews by the Society on a three yearly cycle.

Registration with SLAB requires compliance with the Ten Administrative Requirements. To ensure that these administrative procedures are in place, SLAB is also required to carry out an administrative audit. This entails a short visit at the firm's premises by a compliance auditor who will speak to members of staff at all levels and look over a small number of files.

The detail of the scheme is set out in the Memorandum of Understanding between the Society and SLAB. To accompany this memorandum, the Society has also published a flowchart and commentary, setting out the detail of the Scheme.

The peer review is based upon guidelines contained in the Quality Assurance Peer Review Criteria and Guidance (revised). The peer reviewers are experienced legal aid practitioners recruited and trained by the Society. The reviewer shall assess the quality of work carried out on behalf of the client and SLAB in line with these guidelines as referred to at rule 4 of the Practice Rules.