Online billing looks like it is going to remain Offline for the forseable future. Certainly next months subsmissions can be either

On paper submissions by 10 Dec 07 or

Via case management system submissions/bulkload spreadsheets by 14 Dec 07

Make sure you use the correct forms and codes and out CMRF and CDS 6 Wizards are operational and conform with the bulkload requirement.

Give us a ring for further guidance.

This just in - I am making further enquiries regarding the detail.

LSC urged to embrace landmark Legal Aid ruling

Thames Valley solicitors, Dexter Montague & Partners celebrated success at the Court of Appeal today in their claim brought jointly with the Law Society against the Legal Services Commission’s new Legal Aid supplier contract.

Welcoming the appeal result, DMP’s managing partner Bill Montague commented:

“As the Court of Appeal’s judgment sets out so clearly, the principal of transparency which underpins the public contract regulations has profound implications for legal aid contracting. It goes to the heart of the relationship between the LSC and its suppliers, a relationship that is currently at an all time low. The LSC could make a large stride towards regaining the confidence of solicitors by responding constructively to this landmark judgment.

Beyond the specific steps needed to bring the unified contract in line with the Court of Appeal’s decision, I would urge the LSC to take on board its wider implications by adopting an approach to contracting which gives legal aid suppliers the clarity and stability they need to maintain sustainable businesses. It’s no good paying lip service to the aim of a sustainable legal aid system if that aspiration is not embodied in the supplier contracting arrangements and the terms of the contract itself.”

Amen to that - oh and well done!

UPDATE

This doesn't help much and their dog-in-the-manger - "we will have no choice but to terminate and re-tender for contracts much more frequently than in the past" - approach looks set to continue.

UPDATE 2

This however, from the Law Society gives an entirely different take on things.

I have just helped someone meet this, now passed, revised deadline. They were made aware of problems with their civil submission yesterday afternoon and we have just sent an XML file by e-mail to rectify the situation.

More interestingly their phone conversation revealed an LSC Regional Office with all leave cancelled and the staff on the phones trying to resolve the "Offline" created fiasco. I will not try and entice LSC readers into making anonymous comments on just how chaotic things are. My guess, given our experience of how poor the communication is between departments, is that it is pretty damn chaotic.

Did you get your November (for October) submissions in on time?

If not we have been told that there is a further deadline extension - you have until 10 am tomorrow, Thursday November 29th to get them done.

Get to it.

Snowed Under With Debt? Legal Aid can help.

With just a month until the new CDS Contract the Legal Services Commission (LSC) is urging people to plan Christmas finances now to avoid a New Year debt crisis.
 
Figures made up by JRS, based purely on anecdotal experience, show the average CDS firm now has an overdraft nearly double the debt levels of 2000, prompting concerns that over-borrowing by practitioners could increase problems with CDS supply in the new year.
 
Extra expenses at Christmas (parties, large bottles of single malt to consultants offering free telephone advice lines etc.) could break the bank for those already struggling with debt.

But legal aid pays for a free helpline, Community Legal Advice, where advisers can help people make a budget to pay for Christmas and still meet debt repayments. They can also advise you on your eligibility for tax credits or benefits.
 
A. Recbot, Head of Auto Reconcilliation Services said:
 

 “CSD debt can mean a choice between not eating or having the power cut off when the January contract arrives. Our debt helpline sees a huge spike in callers suffering from unmanageable debt in January due to standard and litigators fees - this doesn’t have to be the case".

Yesterday we had something of a run on bookings for in-house shouting (by which we mean training). By coincidence that is what I am shortly off to do today.

This afternoons session will cover the current changes to the civil scheme and I will be repeating this at a number of venues in the next two months. Additionally I am doing a shortened version of Friday and Monday's CDS course, focussing on the details of the Litigators Fee, at firms across the UK. This is often as pretty cost effective way of obtaining CPD points and we like to think that the topics are usually relevant.

By the way there are still places for the full 3-hour CDS experience at Birmingham and Newcastle on the respective days above.

In fact not just one but two.

Firstly on Wednesday is the closure of the Mental Health bidding round. This is followed up on Friday with the deadline for submission of CDS 12 Duty Solicitor forms for the drawing up of the January Police Station rotas.

PS Don't forget to do your Offline submissions by Tomorrow too. (Which makes it 3)

Steve has been off poorly this week so this weeks Friday song is for him:

I was going to put this one up:

Good weekend everybody!

Do you remember a time when Franchising was voluntary, forms were green and all you needed to know about Legal Aid was contained in a single paperback book?

During this veritable Golden Age (I know it wasn't really just play along please) franchise teams at Regional Offices were filled with positive Liaison Managers only too willing to help firms come to terms with the new strictures of Quality Assurance. I should know I was one of them, albeit briefly.

One of my more long-lived colleagues at the time was Peter Beckford later to become the CDS Manager in Leeds. When we were both in the office we would slope off, usually to Yate's Wine Bar for lunch and a bit of a chew over life at the Board. I did JRS, he stayed on and became widely respected for his integrity in difficult times.

Peter is however now in the land of Oz and has just sent out a fantastic 5-page summary of the experience to date. If you know Peter and would like a copy of this forwarding, with his consent, drop us a line and we will e-mail it back.

I was perhaps a bit too flip in my immediate response to the LSC's latest out of a clear blue sky "initiative" the "Provider Reference Group".

Now real fossils of franchising like me will probably remember similar focus groups the first, in my fragile memory, being the FLUG (Franchise Liaison User Groups I recall). Once we mover into mandatory franchising under post 2000 Civil Contracts Community Legal Service Partnerships (CLSPs) were established a much more formal contact group to assist in the task of advising on "implementation of reform". Both were open access groups, i.e. significantly more democratic and supported by LSC staff, particularly the CLSP. Ultimately both were wound up largely because of resource implications.

You will I do not doubt guess my cynicism about this latest focus group. You are right and my concerns are legion; why a hand picked group of only 10, why limit the terms of refference to the form of change and not its content, can we anticipate a genuine "two-way dialogue" with resultant impact and why now?

You will have your own answers.

Significantly this seems to confirm the following 3 points.

Genuine consultation, which would comprehensively facilitate the LSC's need to "test new ideas", with the professions represnetative bodies is now, like LSC Offline, closed until further notice.

The alternative much vaunted and piloted mechanism for improving relations with the profession, the Preferred Supplier Scheme, is dead in the water. (why not come out and admit this? - oh that would identify another costly pilot now doomed to failure)

The LSC are more out of touch than even I thought possible if they think this paper-thin veneer of "communication" will impress anybody, let alone have any practical impact.

Rather the Commission should hold a real review as to why the profession holds them in "contempt" and regards them with "loathing".

P.S.

It is easy to characterise this site as being relentlessly negative about LSC initiatives so how about an alternative to PRGs? I have long held the view that senior LSC Head Office staff are only ever told what they want to hear from those with operational experience. I firmly believe that some energy spent encouraging honest communication from staff at the coal face would achieve much more than this half- baked proposition. This would however require two necessary features; those listening having the ability to accept robust criticism and the provision of a secure and protective environment for the speakers.

Not going to happen is it?

Time on your hands?

Feeling a bit lonely?

Interested in meeting like minded people for discussions, fun, and perhaps just a little bit more?

Why not come and join us at a PRG.

One opening in your area in the New Year.

Our mates at the CLSA have commented on the "Offline" fiasco also noting, as we did, the slightly tarnished IT Oscar. They conclude with some sound advice to award panellists:

"Perhaps IT projects should be given awards after they have been proved to work in future".

Read the whole thing:

In a week when the Legal Services Commission won the technology award at the Civil Service Awards 2007 the LSC Online system which had triggered the award collapsed causing chaos in solicitors’ firms across the land.

In announcing the award the judges said:

Overcoming initial scepticism, the team have been successful in building excellent relations with their partners and moving to the electronic system has led to significant cuts in admin expenditure as well as improvements in quality of service to customers.
In fact nothing can be further from the truth. Solicitors, who depend on delivering their monthly figures to the LSC in order to receive payment, were expected to jump through a number of hoops including submitting claims after 7pm at night as the system could not cope. Eventually the award winning system was suspended indefinitely from 19th November. This caused a great deal of wasted man-hours and stress to firms all over the country. The CLSA has written to the LSC requesting a full explanation and seeking compensation for its members.

This debacle follows within two weeks of the LSC being forced to temporarily suspend one its suppliers contracts to provide telephone call centre advice to people detained in police stations when it transpired they had not obtained the necessary regulatory consent.

Joy Merriam Chairman of the CLSA commented:

What an utter shambles. There are many and wide reaching changes proposed in the next two months and the experience of LSC Online would appear to give weight to those many voices who have suggested that the tight timescale is over ambitious and doomed to failure. This could have irreparable consequences for access to justice.

Perhaps IT projects should be given awards after they have been proved to work in future.

Last nights result can hardly be a surprise to anyone who has witnessed McClaren and Venables at close hand. My front room contained both who, to a man (and woman), became immediately concerned following the equaliser that they would adopt their standard mutual tactic of sitting back on a "result"*. That was obviously not the only coaching mistake, 5-man midfield rarely works for me, and various selections were not correct either - starting at number 1. That said the players, save the giraffe, did not perform and Gerrard in particular seemed to be lacking the leadership qualities he displays in a Liverpool shirt.

However but for 10 minutes madness in Russia and a couple of goalkeeping errors we would have qualified. There is no need for the FA initiated "root and branch" overhaul save amongst their own, equally unfit for purpose, top table.

Finally why is nobody talking about Wise for manger and chirpy cockernay barra boy Bates for Barwick? (joke) Have 'em (serious).

*The best tactical approach, and individual performance, I ever witnessed in such circumstances was in the San Siro with Leeds and Alan Smith holding on to a draw for the entire second half. Ah but that was a long time ago.

We have received an indication that in addition to using the LSC's own "bulkload spreadsheet" submission of either the CSV or XML file generated by our CMRF and CDS 6 Wizards will be acceptable. If you wish to use this option here is some guidance prepared by our very own Mr Barnes:-

"Using our Wizard, once all claims data has been entered for this month, press the Make Online/Bulkload Submission at the top of the data page and an XML file will be created in your C:/ Drive, within the folder "LSC Online" (the folder is automatically created for you).  Once located, this can be attached to an e-mail, to then be sent to the LSC Online Team.  Please ensure that all Schedule/Account Number details are included on the data page, where prompted at the top, and that you also enter the month (in "Oct-07" format) at the top of the page, as well as in the column AR on the worksheet."

Please ring for further advice.

To sighs of general relief at LSC HQ and a cry of "thank heavens we have a genuinely successful pilot* to report GOOD NEWS about" from the Head Spin Doctor there is a now a positive story, rather than misery, at the top of the "What New" section of their web-site.

Don't be saying it all anti-Commission propaganda here.

*success verified with participating organisation.

In yesterdays Comments on this thread I alluded to possibly being on the end of a worse Civil Service IT disaster than LSC "Offline" Billing. And just to prove the point!

Want to see some non-award winning technology, but which actually works? Have a look at the new web site of friends of this site Freedom Technical.

Guess who won the "Technology Award" at this years Civil Service Gongs? It is granted to those who demonstrate "best practice in the innovative use of technology as part of the policy-making or business planning process".

Yes you've got it right The LSC Online Delivery Team.

(Do follow the link and read the citation - even if you are on "dial up" it is worth the wait)

Hat Tip

Vivien

We have not yet had a response from the "Award Winning LSC Online Team" - to our query concerning the use of the CDS 6 and CMRF Wizards for this months reporting (probably won't now will I). They do however seem very keen to encourage use of their "bulkload tool" and to discourage paper submissions - in fact at least one client has been told that paper will not be accepted from firms who have previously submitted Online. Clearly a lack of input staff presents a major problem to them.

In any event as we have previously observed this "tool" bears a remarkably close resemblance to our Wizards.

Here is a genuine offer to the Commission:- we will gift the Wizards to the LSC for no more than an acknowledgement.

Meanwhile a client writes:-

Just got your e-mail about the LSC online "closing"!!

Personally, I think its just broke down like a knackered old car!!

Thought I'd let you know however that I successfully uploaded the wizard and
had it verified and accepted - lucky old us eh??!!

It worked like a charm at 4:45pm on Friday when - I think - everyone had
given up and gone home or put a brick through their screens!!

This was just so utterly, utterly predictable.

Why then, when it was so obvious even to a casual observer outside the LSC, did somebody not apply the brakes? Better still why was this not planned with a more rational timetable and staggered implementation between regions? Even the most brisk "risk assessment" should have suggested that taking this leap with only the most rudimentary of alternatives to fall back on (e-mailling a spreadsheet or posting forms) was a disaster waiting to happen.

Most tellingly, this state of affairs became apparent because as "software vendors" (if we can be called for giving away bulkload Wizards for free) we receive the same communications which go to the major software houses. It was all too obvious that we had been given insufficient time to prepare and test products in advance of the deadline. Whilst this has been a costly, frustrating and time consuming headache for us I struggle to imagine what it is like for them.

Worst however, and I alluded to this in last weeks post linked to above, is that this is not an isolated problem but just one from a growing list of mismanagement and incompetence. I have not time to compose the full most inventory now, including Preferred Supplier, Contract Compliance Auditing etc., suffice it to say the Law Society's motion of No Confidence, earlier in the year, was absolutely justified.

On a practical note - we are trying to have a look at their "bulkload" alternative and have contacted them to see if a single saved "data worksheet" from our Wizards will be acceptable. We will try and update this thread for those still to report this month and the phone lines will be open when possible - I am training today and tomorrow, Andy is on-site, dealing with this fiasco, and Steve is at home playing at pirates (poorly really).

To conclude - What a F*$%@&g Shambles

This is from Robert Plant and Alison Krauss' album Raising Sand, which I cannot recommend highly enough. It is also this weeks Friday song.

I have neither the time nor inclination to relate the myriad of problems people have had with Online billing. It would however seem that the claim that "The new LSC Online was successfully launched on Monday 5 November"* was somewhat premature.

Now I for one would be happy to give them an even break regarding this (no really) were such sentiments mutual. Can you imagine what degree of flexibility a firm would receive if it failed to do what it promised on time? (Try "thank you for your patience" next time you have a deadline)

As for the problems - did it not occur to them that they would have this amount of traffic and so make provision? and the volume of enquiries is inversely proportionate to the quality of their communication on the subject.

Here is some free advice - don't change a system until you are certain that that the replacement will work and has been successfully tested. Very Big N.B. you can apply this to BVT too!

As our resident (not so) chirpy cockernay geezer would say "Sort it aht you muppets"

*Note extension for submissions to 27th November confirmed here.

Only 1 and a half on the injury list now. Small mercies etc.

Please bear with us, as of noon today out of 7 of us 2 are off poorly and a third is only undertaking "light duties". Yes and this at about a fraught a period as you can probably imagine.

Normal service will shortly be resumed.

P.S. I have also got bored with posting war stories about the Online billing system (currently down according to Andy) write your own in the comments box.

P.P.S. CMRF and CDS 6 Wizards going out like hot cakes.

Further to this I had a sudden intuitive leap forward early this morning and think I can actually make Litigators Fee understandable. This is likely to form a significant element of the course.

Next Monday and Tuesday still taking bookings. Brum and N'castle still miles away.

We feel we can wait no longer and must now release a "test" version of the CMRF and CDS 6 Wizards. All efforts to verify that they can jump the final hurdle have so far been frustrated (lack of passwords, Online support snowed under etc.). They do however get right up to this point without any difficulty and we are fairly confident that they will work but cannot be absolutely sure.

Given their "test" status we are not putting them in the resources section on the sidebar yet so you will need to contact the office for a copy.

Please remember they are FREE!

UPDATE

To speed our response please e-mail, rather than use the comments, to Sandra on the jrs@we-are-jrs.co.uk address there is an easy method on the sidebar, and please specify which one(s) you want. Thanks. Angela and Liz we have your e-mail address from the comments box and will reply.

You can download en Excel based Litigators Fee Calculator here. It works.

It does not however assist in understanding the actual mechanics of the scheme (in fact despite getting the right total claim it can actually lead to confusion). Having just finished the preparation of this element of my next training venture I do think we can make good on the claim in the title to this post. Will also be doing things like the new PACE Standard Fees, paying agents, what's happening with Crime Peer Review and changes in the new contract.

Dates are

19th November - Manchester

4th December - Newcastle

Here is a booking form.

I have just heard the outcome of a fairly long running dispute between a family firm and the LSC over what constitutes the point from which the 3 month billing countdown begins. I'll spare you the detail however I gave a bit of informal advice and my view was "date of last work". The LSC sought to rely upon a section of the Civil Bills Assessment Manual which said date of final hearing. This was set to go forward for a point of principle however they have had second thoughts and paid the firm on the basis of mine and their shared opinion.

If you are or have been having the same problem bear this in mind and give us a ring.

If the current near obsession with Online billing is getting dull I apologise however it seems to be at the forefront of many correspondents minds. Have a read of this for instance:

Astonishingly I have been sent an email by the LSC at 14:38 this afternoon in which it purports to have been sent on 29 October at 18:59:40 and details my username and password - sent in clear email, not encrypted.  If they are doing this for others how the hell can they be sure that people who are not supposed to have access have got in?  I see on the CLSA egroup that another firm has posted that they have got not just their own username and password, but also that for another firm!!

Tell us your story in the comments box.

Friday tune, the video is not very exciting, from my favourite album of the moment -bear in mind you can download it for free.

Our attempts to do a final practical test of the CMRF and CSA 6 Wizards have been frustrated by the delay in releasing new user-names and password to firms. We think they will work - however!

If you want a copy and are happy to try with a "test" version (provided of course you have the above necessary items) get in touch.

This situation is of course completely maddening and whilst it is not the complete disaster we feared its management has been deeply flawed. Being vaguely a "software vendor" - n.b. the Wizards remain free, the management of this process has been highly trying and we can only imagine what it has been like for the real suppliers. Andy came across the product of one of the large software firms yesterday who had comprehensively got it wrong and frankly I can't find it in my heart to blame them,

We are getting the first indications of CDS contract applications. Apparently there are some interesting developments - e.g. the refusal to renew contracts in Salford for certain Manchester firms. Let us know what is happening in your area.

No time to post. Off training again - at 9.30 in the morning! Let the poor sods deal with their post first for heavens sake.

Doubtless more on our Wizards to follow. (Harry Potter and the SMS reporting Portal)

And a big G'day to our Antipodean readers.

I appreciate that we have done the Online billing/firework analogies to death so here is a guarantee that this is the last one. In the end it was more like that Catherine wheel which doesn't start too well than anything else - lets hope it gets going properly.

It does seem, according to Steve, that it is now operational and certainly to the level which will allow us some hasty testing before the release of the new Wizards.

Lets all keep our fingers crossed.

UPDATE

On a dry run (not actually loading real data) the Wizards work. Tomorrow we will go beyond this final frontier. Then we will bung them in the "resources" section to the left and do an e-mail announcement to this effect. Those eager to start immediately contact the office and we will get a "test" version out to you.

Steve Barnes writes:

Is there anyone out there. . . . who has received their USERNAME and PASSWORD detail for the new LSC ONLINE Billing System?

If so, please can you let us know, the latest we have heard is that they will be issued some time from now until Friday 9th.

Please contact Steve Barnes on 07973 448032.

Unsurprisingly "the majority of firms have chosen to apply" for the new CDS contract.

The concept of "choice" is an interesting one in such circumstances.

Today is On-Line billing day. Yes the new SMS system is being switched on and you should be able to begin trying it out. Use the comments box to pass on your experiences.

UPDATE

Your new user names and passwords should be sent out after 3 pm today and we understand that and extension of time to do this months reporting - up to 27th November, has been agreed.

As I am sure you are aware Monday is both Bonfire Night and the implementation date for the new SMS computer system at the LSC. We have been whinging about the implementation of this project for weeks not least as there is still, with half a working day to go before lift off, no dummy site which allows us to check the new CMRF and CDS 6 Wizards. God knows what it is like for major software suppliers, in serious commercial relationships with large numbers of firms, trying to navigate through this fog.

I made my fireworks prediction early last month. Today Steve makes a more fulsome forecast:

"On about the 12th to the 14th of November a statement will be issued placing this on hold and allowing, at least, one more month of paper submissions."

As it is Friday I will add a final musical prophecy:

I half thought about this one too.

You might remember our high dudgeon about the "Location, Location, Location" decision to name our home town, Middlesbrough, as the worst place in the country to live.

I also then penned a comment indicating concerns that even some of the picutres used etc were not even of the 'Boro. If you are interested here is a more formal update.

We experienced our first LSC "KPI Meeting" yesterday. As we anticipated it was however an audit and not a "cup of tea, posh M&S biscuits and a chat" style visit. Central to the assessment was the effectiveness of supervision and KPI (Key Performance Indicators) monitoring and a file audit ensued to re-assure the Auditors of compliance. For those not up-to-speed with current terminology, there was a lot of "you are green, you are red" - from the RAG (red, amber, green) rating schema.
 
Whilst there was an underlying feeling that, currently, these visits are for educational purposes (on both sides), any audit trail can (and will) be followed up. So files and central records can be checked during such visits.

Bear in mind this visit was subject to 48 hours notification - although this was due to exceptional circumstances - and that the auditors emphasised the "possibility" of contract sanctions.
 
This comes in a week where we have been made aware of a new Contract Compliance style, off-site file assessments and also of a firm facing a three day on-site audit this month. They have clearly picked up the baton again.

So yesterday confirms two things:

1 The need to be on top of contract issues and monitoring - you may well want to consider our new CMRF and CDS 6 Wizards next week (or whenever we have been able to verify them on an LSC test site)

2 This blog is read in another LSC Regional Office - and yes we know there are good Autorecbots!

This is becoming a bit like Mighty Leeds' start to this season.

A third Peer Review appeal result on the bounce. And our chirpy cockney geezer is nowhere near as dodgy as this one. Didn't think I'd be wanting Poyet back at the weekend.

Not only do you only have until the 13th November to dance off for new civil contracts/matter starts the same deadline now applies to claims for damages against the LSC resulting from the Unified Civil Contract.

The potential "tie breaker" for the legal action has not yet been announced.