Quality Assuring Legal Aid Services in Ireland

1. Quality Assuring Legal Aid Services in Ireland “Enhancing the Quality of Legal Aid, General Standards for Different Countries” Vilnius, Lithuania, 23rd November 2017

2. Legal aid in Ireland - background • Criminal Legal Aid put in place under the Criminal Justice (Legal Aid) Act 1962 • Legal Aid Board established on an administrative basis under the Scheme of Civil Legal Aid and Advice on 21st December 1979 • Board was established on a statutory basis under the Civil Legal Aid Act 1995

3. Civil legal aid - availability • Family law is the biggest area of services we provide – over 80% of services (between private family law & public law child care) • However, all areas of civil law are included unless specifically excluded by the Act. • Non-family law areas covered include international protection applications, personal injuries, and contract.

4. Requirements for applicants • Disposable income of less than €18,000 after allowances • Disposable capital assets of less than €100,000 excluding house that they live in and after loans/debts accounted for • Merits criteria for representation in court (legal grounds for taking proceedings, prospects of success, best means of resolving issue, cost/benefit analysis) – “reduced” test for proceedings where welfare of child at issue.

5. How we deliver civil legal aid – employed solicitors • Law centres are our primary way of delivering civil legal aid and advice. • Each law centre is a local office comprised of a number of solicitors, paralegal, and administrative staff. One of the solicitors is the Managing Solicitor and has responsibility for managing the centre. Some law centres operate part-time clinics. • Specialist units based in Dublin - organised in the same way as law centres but concentrate on a specific case type and remit. • Private family law applications in Dublin • Public law child care cases in Dublin • Medical Negligence and Personal Injuries Unit.

6. How we deliver civil legal aid – private solicitors • Some civil legal aid cases are referred for operational reasons to private practitioners, this is a complimentary service to our law centres. • Solicitors panels established pursuant to the Act • private family law applications / domestic violence • International protection (asylum) • Judicial separation and divorce • Pilot public law child care • Home repossessions/personal insolvency court review • Inquests • Terms and conditions of participation in the panels • Must be enrolled as a solicitor in Ireland, have minimum levels of professional indemnity insurance and meet tax clearance requirements

7. Best Practice Guidelines • Produced for common case types – divorce, judicial separation, private family law proceedings, public law child care matters, international protection (asylum) • Assists in the management and throughput of cases • Breaks a case down into its key stages and steps that should be done at each stage • Adherence is part of a solicitors terms and conditions of employment / terms and conditions of participation in a solicitors panel • Solicitors can diverge where in their professional opinion it is necessary to do so (but should note reasons why.

8. File review process - civil • Same process for employed and private solicitors • Allows for the review of a set number of files • High risk files • Files that are relatively long running • Random files • Check-lists for reviews – adherence to the best practice guidelines checked • Reviews carried out by authorised persons – usually the managing solicitor, Regional Managers, or Director of Civil Legal Aid (all of whom are experienced solicitors)

9. Challenges of implementing the file review process • Solicitors objected to aspects of the file review process– particularly to non-solicitors carrying out such reviews (at the time the DCLA position was not occupied by a solicitor and the regional manager positions did not exist) • In camera rule (family law proceedings) & client-solicitor confidentiality cited • Martin v. Legal Aid Board [2007] 2 IR 759 • Quashing order in relation to the file review process sought by the applicants (two employed solicitors) - refused by the High Court.

10. Consequences of a poor review • May be addressed through the performance management and/or the disciplinary process for employed solicitors • Private solicitors may be suspended or removed from the Board’s panel

11. Customer Service and Complaints The Board has a Customer Charter which contains a comprehensive complaints procedure and information on how to make a complaint. This information is available in each of the Board’s office and is available on the Boards website. Information about the Office of the Ombudsman is also available as this office is entitled in certain circumstances to investigate any action taken by the Board in the performance of its administrative functions. The Office of the Ombudsman is not however entitled to investigate the provision of legal services by solicitors of the Board or by private solicitors who are providing services on behalf of the Board. The Board has a Customer Liaison Officer.

12. Managing performance – employed solicitors • Performance Management and Development System – standard across the Irish Civil Service • Each staff member has a “goal setting” (role profile) set at the beginning of each year through a discussion with their manager • Mid-year and end-of-year reviews

13. Monitoring risk in law centres • EOS Case Management System – used by all employed solicitors and law centre staff – provides a tool for managing cases including recording of statutory deadlines • Risk Register – generated from EOS - contains applications where the applicant for legal aid is an intended plaintiff in proceedings and there is a statutory deadline to institute the intended proceedings • Intended to reduce Board exposure to professional negligence proceedings

14. Monitoring risk - audits • Audit and Risk Management Committee of the Board – monthly reports in relation to risk • Internal Audit function • Comptroller and Auditor General – external auditor.

15. Criminal legal aid • Available in criminal proceedings • To persons of insufficient means • Who satisfy the “Interests of justice” test • Application is to the court and the judge makes the decision on whether to grant/refuse • All services in criminal legal aid provided through private solicitors and barristers

16. Quality assurance in criminal legal aid in Ireland • No single body with oversight of criminal legal aid – • Legal aid is granted by the courts • Payments made by the Department of Justice and Equality. • Legal Aid Board administers “ad-hoc” legal aid schemes (police station advice, proceeds of crime, bail/custody issues). • Main focus of controls is to prevent fraudulent payment claims • No quality control procedures applied in relation to the legal services provided, over and above the normal regulatory regime that applies to solicitors

17. Any questions?