Working Together for a More Efficient Future
Oliver Toop, Mental Health Policy Developer at the Legal Services Commission (LSC) outlines the mental health whole systems initiative currently being undertaken by the LSC.
As described in Crispin Passmore's recent Adjust article, the Legal Services Commission (LSC) is currently reforming the way the legal aid system is administered. By changing the way we contract with solicitors and not-for-profit organisations, we are aiming to create an improved service that is focused to a greater extent on our clients' needs. We think this means developing a system that has three core values at its heart: high quality advice, good access for clients to that advice, and value for money for the taxpayer.
We recognise that in order to fully realise the benefits of our reforms we will need to work proactively with other public sector organisations that have a stake in the justice system. Our 'Whole Systems Initiatives' project seeks to increase the level of constructive collaboration between a broad range of partners to improve efficiency across the whole of the civil and criminal justice systems.
One of the first areas of publicly funded law to benefit from this new way of working is mental health. It has long been recognised that people who suffer from a mental illness are some of the most vulnerable in society. They are more likely to experience problems that lead to social exclusion such as debt, and, in severe circumstances, can be deprived of their liberty under mental health legislation. This makes people with mental health problems a priority client group for the LSC.
We currently spend about £30 million a year on mental health legal services. The vast majority of this money is spent on guaranteeing that patients detained under the Mental Health Act 1983 are able to receive legal advice and representation when applying to the Mental Health Review Tribunal (MHRT) to challenge the terms of their detention. Due to the fundamental importance of this work, all clients in this situation are eligible for legal aid regardless of their financial circumstances. Given its high priority, MHRT work is a key area in which to investigate and introduce collaborative working.
On the 29th April 2008 representatives of the LSC met with colleagues from the MHRT to launch the mental health whole systems initiative at our regional office in Nottingham. This meeting, which was also attended by the AJTC, was a chance for people from both organisations to discuss the way that the joint working will be taken forward. A set of realistic milestones were agreed, taking us from initial meetings in the next few weeks through to the creation of regular regional forums throughout the course of 2008/09. In the longer term, we aim to involve other partners including, as a priority, the NHS.
As well as outlining a timetable, the discussions that took place in April gave us the foundations for a number of challenging targets against which to measure the success of the project. It is important to us that this initiative results in measurable benefits for clients. For example, one of the key areas that we plan to tackle together is a reduction of the number of unnecessary tribunal adjournments and postponements. Working with the MHRT, we can identify the issues on both sides that contribute to unnecessary adjournments and postponements and set about resolving them in an agreed way. Achieving this will not only improve clients' experience of the MHRT process, but also reduce unnecessary costs associated with it. A reduction in unnecessary delays for the solicitors carrying out tribunal work means they will have more time to help a greater number of clients.
As well as resolving practical issues, this work will also give us the opportunity to take a more strategic and informed approach to planning of future services. This is all the more important during a period of great change in the mental health legal landscape. A good example of an area where such an approach is important is the separate work the LSC is carrying out with the Tribunal Service to plan for the implementation of the Tribunals, Courts, and Enforcement Act 2007. By planning together we can ensure that when the new tribunal structure is introduced, the impact on clients is minimised.
In addition to projects like the one described in this article the LSC is dedicated to listening to other voices as the legal aid reform programme gathers pace. In mental health, we meet regularly with an external advisory group to discuss our proposals for this area of law. This group is composed of a diverse group of organisations and people, including, amongst others, the Mental Health Lawyers Association, the Department of Health, the Institute of Mental Health Act Practitioners and users of mental health services.
For those who are not involved in this group, there will be other opportunities to comment on our reform plans. In September 2008 the LSC plans to consult on how we propose to buy civil legal aid services from 2010 onwards, and what sorts of services we wish to buy. This consultation will also include proposals specific to mental health legal services. We would invite anyone with an interest in to read and comment on these proposals. Publication details will be announced on our website shortly before the consultation opens. Further information on our reform programme can be found here.
Contact and Information
Website: www.legalservices.gov.uk
Email: Oliver.Toop@legalservices.gov.uk