• Invitation to Deliver Publicly Funded Housing Possession Court Duty Schemes in Wandsworth Informatio

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INVITATION TO TENDER TO DELIVER A
PUBLICLY FUNDED HOUSING
POSSESSION COURT DUTY SCHEME IN
WANDSWORTH
INFORMATION
FOR
APPLICANTS
Contents
Section 1 Overview of this Information for Applicants (IFA) p.3
Section 2 Services covered by this IFA p.5
Section 3 About this IFA p.6
Section 4 Documents related to this IFA p.8
Section 5 About the Legal Services Commission and legal aid p.10
Section 6 About Housing Possession Court Duty Schemes from p.15
August 2011
Section 7 About the volume and location of HPCDS we wish to p.20
procure
Section 8 Overview of submitting a tender and the registration process p.21
Section 9 Submitting a response to the PQQ p.23
Section 10 How to respond to the Invitation To Tender p.25
Section 11 How will tenders be assessed p.27
Section 12 Terms and Conditions of tender p.29
Section 13 Definitions p.35
Annexes
Annex A Criteria for HPCDS Services p.37
Annex B Scheme Details p.44
2
Section 1: Overview of this Information for Applicants (IFA)
What are we inviting Applicant Organisations to deliver?
The Legal Services Commission (LSC) is inviting interested parties to submit tenders
to carry out face-to-face publicly funded legal advice and representation in a Housing
Possession Court Duty Scheme (HPCDS) in Wandsworth County Court from 1
August 2011.
What does this IFA cover?
This IFA contains the information, instructions, rules, conditions of contract award
and Terms and Conditions of Tender that will govern the tender process for the
Invitation to Tender (ITT) (see Section 7).
Who may submit tenders?
Applicant Organisations Offices may submit tenders if they hold an LSC contract for
Housing Services through one of the following routes:
a) a 2010 Standard Civil Contract with Schedule Authorisation in the category of
Housing to deliver services in at least one SWL procurement area
b) a Unified Contract (Civil) 2007 in Family and Housing
c) a Community Legal Advice Centre or Network contract
Where Applicant Organisations deliver Social Welfare Law Services as part of a
Consortium, only those Consortium Members that directly deliver Housing Services
will be eligible to tender for HPCDS work. Consortia are not permitted for the
delivery of HPCDS (see Section 5).
What are Applicant Organisations tendering for?
Offices within Applicant Organisations are tendering to deliver Housing advice in an
individual Scheme in Wandsworth. The successful Applicant Organisation will be
allocated acts of assistance for the Scheme as set out in Annex B.
We only wish to contract with one single legal entity per Scheme. Therefore, a
management fee will usually not be payable for running the Scheme.
How do Applicant Organisations submit tenders?
The ITT will be published on our eTendering system for Applicant Offices to submit
tenders against. For tenders to be complete, a response to the Pre Qualification
Questionnaire (PQQ) must also have been submitted. We will only accept tenders
submitted through our eTendering system which can be accessed at
www.legalservices.bravosolution.co.uk (see Sections 8, 9 and 10).
What does a completed tender consist of?
A completed tender consists of a response to the PQQ and a response to the ITT
(including the Mandatory Form) (see sections 8, 9 and 10).
3
When can Applicant Offices submit tenders from?
The ITT for the HPCDS outlined above opens on 13 April 2011 and you may submit
tenders from this date until the deadline below.
When is the deadline for submitting tenders?
The deadline for submitting tenders is 12 noon on 17 May 2011. Tenders received
after this deadline will not be considered (see Section 3 for an outline of the
timetable).
How will tenders be assessed?
Tenders will be assessed by the LSC in accordance with the process set out in
Section 11.
What happens if a tender is successful?
If a tender is successful, we will award the Applicant Organisation an Exclusive
Schedule to operate the applicable services under the terms of the 2010 Standard
Civil Contract (3 year contract, which commenced on 15 November 2010 and is
extendable at our option by up to a further 2 years).
4
Section 2: Services covered by this IFA
2.1. This IFA covers information on the ITT for the provision of face-to-face Housing
Services at court through a HPCDS in
Wandsworth
2.2. We have previously published an IFA covering the ITTs for the provision of
Housing Services either in combination with Debt and Welfare Benefits Services
or with Family Services (the latter combination was later quashed by the Court in
R (On the application of Law Society of England and Wales) v Legal Services
Commission [2010] All ER (D) 01 (Oct).) to clients from Providers Offices across
England and Wales. This was published on 26 February 2010 and the tender for
these Services closed at 12 noon on 21 April 2010. The contracts awarded as
part of this tender round came into effect from 15 November 2010.
Important note on the HPCDS ITT:
2.3. Whilst the ITT for HPCDS is being conducted separately (and governed by a
separate IFA), it is an essential requirement that each of the Applicant
Organisations Offices from which it is tendering to deliver a Scheme must hold an
LSC contract to deliver publicly funded Housing Services through one of the
following routes:
a) a 2010 Standard Civil Contract with Schedule Authorisation in the
category of Housing to deliver services in at least one SWL
procurement area
b) a Unified Contract (Civil) 2007 in Family and Housing
c) a Community Legal Advice Centre or Network contract
2.4. You will be asked to acknowledge in your response to the ITT that the above
essential requirement is a condition of any award of contract to deliver any
HPCDS.
5
Section 3: About this IFA
Structure
3.1. This IFA is set out into 13 sections for your ease of reference:
Section 1: Overview of this Information For Applicants (IFA)
Section 2: Services covered by this IFA
Section 3: About this IFA
Section 4: Documents related to this IFA
Section 5: About the Legal Services Commission and legal aid
Section 6: About Housing Possession Court Duty Schemes from August 2011
Section 7: About the volume and location of HPCDS we wish to procure
Section 8: Overview of submitting a tender and the registration process
Section 9: Submitting a response to the PQQ
Section 10: How to respond to the Invitation to Tender (ITT)
Section 11: How will tenders be assessed?
Section 12: Terms and Conditions of tender
Section 13: Definitions
3.2. In addition there are two supporting Annexes:
Annex A Criteria for HPCDS Services
Annex B Scheme details
Conditions of Tender and Definitions
3.3. Section 13 explains all the definitions of phrases capitalised throughout the
Tender Documents. Section 12 contains the Terms and Conditions of Tender
governing this tender process; Applicant Organisations should familiarise
themselves with these terms.
Communications about this IFA, PQQ and ITT
3.4. Communications about this IFA, PQQ and ITT will be sent through the
eTendering system and if applicable posted on our website. You must therefore
ensure that any staff members dealing with the submission of your tenders
continue to monitor any email addresses, which you have provided to us as part
of registering onto the eTendering system. Multiple email addresses can be set
up as part of registration which may be advisable to ensure that someone is
available to pick up the messages sent.
Asking questions
3.5. There will be two different channels through which to direct questions depending
on the nature of your query. The two different question types are:
Questions about the content of this IFA, PQQ or the ITT; and
Questions about how to technically use the eTendering system.
6
Questions about this IFA or the ITT
3.6. If you have any questions about the content of this IFA, the PQQ or the ITT, you
may submit them up until 12 noon on 3 May 2011 (note this is referred to as the
,,End date for clarification messages) on the eTendering system.
3.7. All questions must be submitted using the online secure messaging tool within the
eTendering System (see Section 10 for more detail about eTendering).
3.8. Questions that we consider to be of wider interest will be collated and answered
centrally in writing to ensure that all interested parties have equal access to
information in the answers. These questions and answers will be published on the
civil tender pages of our website in a ,,HPCDS Frequently Asked Questions (FAQ)
document by 10 May 2011.
Questions about how to use the eTendering system
3.9. We will offer a Helpdesk to provide technical support to Applicant Organisations
using the eTendering System. However, the Helpdesk is unable to assist with
problems with your own computer hardware or systems - for these types of issues
you should contact your usual IT support.
3.10. Questions must be emailed to the following email address:
[email protected] Alternatively, the telephone number for the
Helpdesk is 0203 3496610 (charged at a local rate from any national destination).
3.11. Please note that we recommend that you start to complete your tender response
early so that you identify any areas where you need help as soon possible, as the
team is likely to be very busy in the days leading up to the tender deadline and
will not be able to guarantee a response.
Timelines
3.12. A list of planned dates for key activities in this tender process are set out below.
Activity Timescale
PQQ and Invitations to tender for HPCDS are opened and 13 April 2011
available via the LSCs eTender portal
Final date to submit questions about this IFA and the ITTs 12 noon 3 May 2011
,,Frequently Asked Questions document to be published 10 May 2011
Deadline for submission of tenders (response to the PQQ 12 noon on 17 May 2011
and relevant ITT(s))
Applicants Organisations notified of outcome of tender 24 June 2011
process
Deadline for submission of appeals 8 July 2011
Notification of decision on appeal regarding the Selection 15 July 2011
Criteria
Schedules issued to successful Applicant Organisation July 2011
Contract start date 1 August 2011
7
Section 4: Documents related to this IFA
Tender Documents - you MUST read these before submitting your
tender
NAME Description Location
Information for This document sets out the LSC Website pathway:
Applicants (IFA) information, instructions, rules,
www.legalservices.gov.uk (CLS
conditions of contract award and
> Tenders >Civil contracts for
Terms and Conditions of Tender
2010 > Social Welfare Law and
relating to the ITT
Family)
Pre Qualification Includes: PQQ pages on the eTendering
Questionnaire* portal:
1) Series of questions
www.legalservices.bravosolution.
2) Applicant Organisation
co.uk
Information Form (Private Sector
of NfP); and
(please note that the Applicant
If applying for the SQM as part
Information Form and QM1 Form
of the PQQ:
can be found in the ,,Buyer
Attachments link once in the
3) QM1 Form
PQQ)
4) Request to provide office
manual
Invitation to Tender Includes: ITT pages on the eTendering
(ITT): portal:
(1)Essential Criteria and,
www.legalservices.bravosolution.
information and Selection
co.uk
Criteria
(2) Additional Information Form
(Mandatory form) (Please note that the Additional
Information Form can be found in
the ,,Buyer Attachments link
once in the relevant ITT)
*If you have previously submitted and passed a PQQ for an LSC 2010 Standard Civil
Contract you do not need to submit a new PQQ for this tender. However, you must
confirm in the tender response that you have previously submitted and passed a
PQQ.
8
Supporting documents- contract documents, additional supporting guidance and
information
Name Description Location
2010 Standard Civil All Contract LSC website pathway
Contract documentation including:
www.legalservices.gov.uk (CLS > Civil
Contract for Signature contracts > 2010 Standard Civil
Contract)
Standard Terms
Schedule
Specification (including
Payment Annex)
Tender FAQ document Questions and answers of LSC website pathway:
wider interest to Applicant
www.legalservices.gov.uk (CLS >
Organisations
Tenders > Civil contracts for 2010 >
Social Welfare Law and Family)
eTendering guidance Guidance on how to use "Technical Support and Guidance"
the eTendering system section on the eTendering portal:
including: www.legalservices.bravosolution.co.uk
(1) eTendering online
training
Please note, this link is only available
(2) eTendering Supplier on the front page of the portal so we
Guide advise that Applicant Organisations
(3) eTendering Techincal familiarise themselves with this
FAQ documentation before registering or
logging in.
9
Section 5: About the Legal Services Commission and legal aid
About the LSC
5.1 The Legal Services Commission (the LSC) is responsible for delivering legal aid
(publicly funded advice and representation) through high quality service providers
to people with legal problems in England and Wales.
5.2 The LSC was established under the Access to Justice Act 1999 (,,the Act),
replacing the Legal Aid Board in April 2000. It is a non-departmental public body
sponsored by the Ministry of Justice. The Lord Chancellor and the Secretary of
State for Justice is accountable to Parliament for the LSCs activities and
performance, and also appoints a board of non-executive Commissioners to
oversee its work.
About legal aid
5.3 Legal aid enables people to safeguard their rights and address their legal problems.
Our work is therefore essential to the fair, effective and efficient operation of the
civil and criminal justice systems. It is also critical in helping to provide access to
justice and fair trials (with professional representation) to over two million people
each year.
5.4 We commission the services people need from solicitors, advice agencies,
barristers and commercial organisations (known as our ,,Providers). The skills and
commitment of legal aid service Providers are essential to helping people resolve
their problems.
5.5 We deliver legal services through two schemes: the Criminal Defence Service
(CDS) and the Community Legal Service (CLS). Both schemes have eligibility
criteria in relation to the means of the client and the nature of the problem, with
certain limited exceptions.
The Community Legal Service (CLS)
5.6 The CLS consists of a network of Providers (including solicitors and not for profit
agencies, such as Citizens Advice Bureaux and Law Centres), which provides and
promotes civil and family legal advice and representation.
5.7 Part of this is done through Community Legal Advice, which includes telephone and
Internet based services. We jointly fund legal services with local authorities known
as Community Legal Advice Centres and Networks in a number of areas.
5.8 We also contract with Providers to deliver face-to-face civil legal aid services.
Contracts are awarded by Categories of Law, allowing us to allocate funding to the
areas where clients need it most.
Client choice
5.9 While Providers contract with the LSC to conduct civil advice and representation
services, the LSC does not control the allocation of cases or work. Providers with
civil contracts obtain clients under open market conditions, where clients are free to
choose, from those Providers, a legal representative of their choice to advise or
represent them.
10
Quality Assessment
5.10 It is a mandatory requirement for our 2010 Contract that all Providers that deliver
services under the civil or crime contract hold either the LSCs own quality standard
the Specialist Quality Mark (SQM) or the Law Societys quality standard - Lexcel.
More information can be found at www.legalservices.gov.uk (CLS > Quality and
Performance > Quality Mark > Specialist Help).
5.11 The LSC also operates a quality assessment tool called peer review. Peer review
involves independent experienced legal aid practitioners assessing a random
sample of a Providers case files to determine the quality of advice and legal work
provided to clients in a particular Category of Law. A standard ratings system is
applied to the work as an indication of quality (1 being the highest rating and 5
being the lowest). More information on peer review can be found at
www.legalservices.gov.uk (CLS > Quality and Performance > Peer review).
The Funding Code
5.12 The Funding Code is the set of rules used to decide which individual cases are to
be funded by the LSC and is central to the delivery of legal aid services. The
Funding Code criteria define what services the LSC will fund, ranging from basic
legal advice to representation in court proceedings and sets out the types of cases
known as the Levels of Service. A full copy of the Funding Code can be found at
www.legalservices.gov.uk (CLS> Civil legal aid eligibility).
5.13 The Funding Code divides services into levels of cases known as Levels of Service.
There are four Levels of Service in civil, three known collectively as Controlled
Work and a fourth covering Licensed Work.
Controlled Work
5.14 The three Levels of Service in Controlled Work cover basic levels of advice and
assistance (and some representation before tribunals):
Legal Help
Help at Court
Controlled Legal Representation (CLR) which is limited representation before:
o A Mental Health Tribunal
o An Asylum and Immigration Tribunal (including appeals).
5.15 A minimum and maximum number of Controlled Work cases (known as Matter
Starts) are allocated to a Provider who may then assist clients directly without prior
authority from the LSC (provided they have sufficient Matter Starts available).
5.16 Most payment for Controlled Work is based on a fixed fee per Matter which may be
different in each Category of Law and at each Level of Service. In certain
circumstances a case may be deemed exceptional and paid outside the fixed fee at
prescribed legal aid hourly rates. On a monthly basis, Providers compile and submit
a claim to the LSC detailing the value of cases completed that month. Providers are
paid a monthly amount for their Controlled Work based on the average value of
these monthly claims.
11
Licensed Work
5.17 Licensed Work covers all representation other than CLR (and excluding high cost
cases which are managed through specialist contracts). The Contract operates as a
license for Providers to undertake Licensed Work (without limits on numbers).
However, funding applications need to be submitted to the LSC for each case and
the LSC decides whether the Funding Code criteria and the merits test are met.
Limits in relation to the work are then set which may be varied on application by the
Provider on behalf of the Client.
5.18 You are entitled to do Licensed Work out of any Office for which you are granted a
schedule. Section 2 of the Civil Specification explains that some Licensed Work
(e.g. Family) is ,,exclusive meaning that you will need to have Schedule
Authorisation in that Category of Law for the particular Office. Some other
Categories (e.g. Community Care) are not exclusive categories meaning that all
you need is Schedule Authorisation in any Category of Law (for that Office) in order
to undertake Licensed Work in the non-exclusive Category.
5.19 Payment for Licensed Work is assessed by either the court or the LSC and is paid
on the basis of individual claims submitted by Providers.
Work done under exclusive arrangements
5.20 In addition to our mainstream services we run a number of additional civil legal aid
services under exclusive arrangements. This includes services such as Immigration
Services in Immigration Removal Centres and Housing Possession Court Duty
Schemes. The latter are the subject of this IFA.
2010 Standard Civil Contract
5.21 The new civil contracts for the delivery of face-to-face civil legal aid advice, other
than for family and family and housing (see below) came into effect on 15
November 2010 (the contract start date) and have a term of 3 years, subject to
rights of early termination and our right to extend for up to 2 years. For the
avoidance of doubt the HPCDS Exclusive Schedule awarded will run for the length
of the Standard Civil Contract 2010 held and will expire when the contract expires
(see 5.27 below if you hold a Unified Contract).
5.22 Whilst this IFA may refer to awarding of a contract in separate areas, the successful
Applicant Organisation will only have a single 2010 Standard Civil Contract. This
single contract includes all Services that the Applicant Organisation can deliver
from 15 November 2010.
5.23 All Services (including staff, premises etc.) must have commenced on 15 November
2010. The contract is split into:
Contract for Signature
Standard Terms (govern the relationship between the LSC and the Provider)
Specification (governs how work should be delivered and includes the Key
Performance Indicators that Providers must meet and the Payment Annex
setting out the applicable rates)
Schedules (sets out the Categories of Law, volume of work and any bespoke
terms relevant to the delivery of services at a particular location)
12
5.24 All the contract documentation (and guidance) is available on our website (CLS >
Civil Contracts > 2010 Standard Civil Contract) and we would strongly recommend
that you familiarise yourself with the terms of the contract prior to tendering.
Extension to the Unified Contract (Civil) 2007
5.25 The Unified Contract (Civil) 2007 has been extended until midnight on 30
November 2011 for those Providers who currently deliver ,,family only and ,,family
and housing publicly funded legal services.
5.26 The extension for ,,family and housing publicly funded legal services only applies to
those Providers who:
(i) previously provided services in the Housing Category of Law under the
Unified Contract (Civil) 2007 (i.e. had an allocation of new matter starts in
Housing);
(ii) also provided services in the Family Category of Law under that Contract;
and
(iii) have not been successful in obtaining a 2010 Standard Civil Contract
covering Housing in the recent tender for Social Welfare Law services.
5.27 If an Applicant is awarded a Housing Possession Court Duty Scheme Exclusive
Schedule and holds a Unified Contract for Housing Services then the Exclusive
Schedule may be subject to revision after 30 November 2011, following any tender
for Family and Housing services.
Who we will contract with
5.28 As part of this tender process we request that Applicant Organisations complete a
Pre Qualification Questionnaire (PQQ), which will ask a series of questions
designed to determine whether Applicant Organisations can meet the minimum
standards for a contractual relationship with the LSC.
5.29 If an Applicant Organisation has previously submitted and passed a PQQ for an
LSC 2010 Standard Civil Contract they do not need to submit a new PQQ for this
tender. However, Applicant Organisations in this position must confirm in their
tender response that they have previously submitted and passed a PQQ.
Legal Status of Applicants, subcontracting and delegation to providers to act
as agents
5.30 We will only contract with one single legal entity to provide each Scheme.
5.31 This will mean that the single entity will be responsible for ensuring the
performance of the Providers obligations under the contract and that a Clients
retainer will always be with the single entity.
5.32 Consortia are not permitted for the delivery of HPCDS. Where Applicant
Organisations deliver Social Welfare Law Services as part of a consortium, only
those consortium members that directly deliver Housing Services will be eligible to
tender for HPCDS work.
5.33 We will not accept subcontracting arrangements such as where you pay another
organisation to deliver part of the service. For example where a scheme covers two
13
courts we would not permit one organisation to subcontract with another to cover
one of the courts in its entirety.
5.34 However, as set out in 10.50 of the Specification organisations may delegate
provision of the Service to Agents. For the purposes of the Scheme an Agent is an
individual caseworker not employed by you used in the provision of the Scheme.
5.35 Applicant Organisations intending to use Agents should familiarise themselves with
the relevant clauses in the 2010 Standard Civil Contract on using Agents. In
particular, as the delegation, will, of necessity be of the entire Matter because the
Schemes cover one off advice at Court the conditions in 2.8 of the 2010 Standard
Civil Contract Specification must be satisfied. This means that:
a. The Agents work is subject to your supervision
b. The Agent works solely or mainly for you
c. The Agent is integrated into your processes, including Data Protection
and Equal Opportunities, and is shown in your management structure
d. The Agents work is covered by your insurance
e. You retain responsibility for each Matter or case undertaken by the
Agent
f. Matters and cases undertaken by the Agent are not referred to a
separate organisation.
However, for work under the HPCDS only we will dis-apply clause b).
5.36 Where an Applicant Organisation specifies the use of Agents in its tender, it will
form part of the HPCDS Schedule. Clause 2.8 b) will be dis-applied as part of the
Schedule Authorisation. Only those authorised by the Schedule to use Agents will
be able to do so.
TUPE
5.37 The LSC does not consider that TUPE will apply in most instances to the
termination of current contracts and the re-awarding of Civil Standard 2010
Contracts following this tender process.
5.38 In summary, where the number of outgoing Providers and successful Providers is
greater than two on both sides of the alleged transfer of activities, it seems likely
that there will be significant difficulties in showing that the relevant activities are a
identifiable transfer from a particular outgoing Provider to a particular incoming
Provider.
5.39 However, we continue to state that Applicant Organisations should seek their own
legal advice on TUPE and not rely on our views.
14
Section 6: About Housing Possession Court Duty Schemes from August 2011
6.1 This section describes the specific requirements that apply to the HPCDS we wish
to procure.
6.2 The rules governing how HPCDS should be delivered are set out in section 10 of
the 2010 Standard Civil Contract Specification (10.31 10.70).
6.3. Below, under Essential Criteria, are some of the key terms of the contract we will
ask Applicant Organisations to confirm they can meet in their response to an ITT.
However, these are not all the obligations you will be required to meet during the
term of the contract and you should read the contract to understand the full extent
of your obligations should you be awarded a contract.
6.4. In addition to the minimum requirements covered by the Essential Criteria, we have
additional preferences (known in the ITT as Selection Criteria), which we will use to
choose between Applicant Organisations where there is competition for the
Scheme.
6.5. Where we are unable to identify a successful bidder after the Selection Criteria has
been applied we will use a tiebreak based on the information provided in the
Additional Information Form (Mandatory Form).
6.6. Further background information on our policy behind the Housing Possession Court
Duty Schemes that we are commissioning is set out in Civil Bid Rounds for 2010
Contracts: A Consultation Response available at:
https://consult.legalservices.gov.uk/inovem/consult.ti/2010Contracts/listdocuments.
Housing Possession Court Duty Scheme Exclusive Schedule
6.7. Paragraph 10.31 of the Standard Civil Contract Specification confirms that Contract
Work delivered at court under a HPCDS is subject to Exclusive Schedule
Arrangements. This means that only Applicant Organisations (including where
relevant any Agents they delegate the provision of the service to) successful in this
tender process and who are awarded a HPCDS Exclusive Schedule will be
permitted to undertake this type of work from 1 August 2011.
Operating a HPCDS
6.8. HPCDS provide clients with access to advice by ensuring that regular
arrangements are in place at the court to assist clients who are at immediate risk of
losing their home due to possession proceedings.
6.9. Organisations will be required to work with the court to set up the Scheme to
ensure access to the services for clients at the appropriate times. In addition
organisations will need to liaise with the Court to ensure they are visible and have
the necessary space within the court building to deliver the Scheme.
6.10. Organisations must ensure they are notified of, or take steps to keep appraised of,
any changes to court schedules and changes to the times/sessions/days of the
Schemes.
6.11. Organisations (including where relevant, Agents they delegate the provision of the
service to) must have the capacity to have at least one Appropriate Adviser present
at each relevant session the court runs, both regular and ad hoc. All advisers
15
providing Services must be supervised by a Supervisor who meets the Housing
Supervisor Standard set out in the contract.
6.12. Organisations must employ a Housing Supervisor to oversee the Scheme (this
requirement cannot be delegated). This Supervisor must ensure effective systems
of supervision are in place to run the Scheme and that experienced advisers are
present at the court when the Scheme is required.
6.13. When an individual comes to court, Court Services staff should direct them to the
Housing Possession Duty Scheme desk where the client can talk to the adviser
about their case and obtain advice. That adviser will represent the client in court
and provide follow up advice after the hearing explaining the outcome and the
options available to the client.
6.14. Where it is appropriate in the circumstances the adviser may also assist clients to
liaise with third parties, for example negotiation payments with landlords or lenders,
or with payment plans.
6.15. After the hearing, the adviser must write up the advice given and outcome of the
Proceedings, and any follow up work required, and give this to the client for their
information.
6.16. If a client requires further assistance on either their possession case or on another
matter (e.g. debt, benefits, disrepair) and the Provider is able to provide these
services then we would expect them to do so (under their Contract where the client
is eligible under means and merits tests and you have Matter Starts in the relevant
Category of Law. NB see 6.31 on Matter Start boundaries).
6.17. Where Providers are not able to perform the required follow up work they must refer
the client to an organisation that will be able to provide the necessary help (i.e. an
alternative face-to-face Provider that holds the SQM in the relevant Category of
Law, or Community Legal Advice or other telephone advice services where this is
appropriate or acceptable for the client in the circumstances of the case).
6.18. The Services under a Scheme are available to clients who have a hearing listed on
a particular court day irrespective of eligibility under our usual means and merits
tests. Organisations must provide assistance to any client who during the day their
case is listed requests Services under a Scheme.
6.19. The number of clients requiring assistance at court is variable and there may be
times when the throughput of clients is higher or lower than normally expected.
Organisations must ensure that they have sufficient advisers available to deliver the
services as required, both in terms of the sessions listed by the court and the
number of clients requesting assistance.
Payment
6.20. The rules regarding remuneration for HPCDS work are set out in 10.34 10. 38 of
the Civil Specification.
6.21. The Housing Possession Court Duty Scheme is Controlled Work. Payment will be
monthly in arrears for work done. Payment will be made separately from the
Standard Monthly Payment for other Controlled Work.
16
6.22. We will pay Organisations for HPCDS Controlled Work properly carried out in
accordance with the contract through a standard fee scheme. Section 6 of the
Payment Annex to the Civil Specification sets out the rates payable.
6.23. There will normally be no management fees payable for the running of the
Schemes, regardless of whether a Scheme is delivered through Agents.
6.24. The rate is payable per Client and covers all work for a Client under the Scheme
(including e.g. advice, representation, advice in writing) so that no additional
payments will be made. There are no additional payments for travel or waiting.
6.25. Additionally if, in any Housing Possession Court Duty Scheme session, no work
has been performed for Clients we will pay on the basis that one Client was seen
during the session.
6.26. For the purpose of the Scheme, "session" means either a morning or afternoon
period when the court is in session. Consequently, a court can list a maximum of
two sessions per day e.g. 10am 12 noon and 2pm 4pm. However, there must
be a clear break between sessions listed on the same day for two payments to be
claimed. Where the court lists a full day session e.g. from 10am 4pm without a
clear break, only one payment can be claimed for this full day session.
Reporting
6.27. The rules regarding reporting HPCDS work are set out in 10.41 and 10.61-10.64 of
the Civil Specification.
6.28. Reporting of work done


Use: 0.526