Guidelines for criteria for assessing the quality of public services - Experience from some countries in the world

Guidelines for criteria for assessing the quality of public services - Experience from some countries in the world
         
South Africa 's experience
          LEGAL AID in South Africa uses a system where all work that has been done on a case is assessed by the assessment team. This includes checklists, information in the CMS, reports from supervisors and any complaints that may have been made. As stated above, every case is different so it is important to be able to consult all relevant sources of information. This includes the facts, whether the LEGAL AID recipient has special needs (i.e. women, children, victims, members of marginalised or vulnerable groups) and whether the special needs were met. After reviewing all of these documents and issues, the assessment team will give a score for In case, allocate points according to the following 4 criteria:

• Prepare documents 30%
• Professional case handling 40%
• Proper consultation with people receiving 20% LEGAL AID
• Compliance with ethical requirements 10%

          The total of 100 allocated to the work performed in the case is as follows:

1. Below standard 0-50%
2. Standard 50-65%
3. Above standard 65-85%
4. High quality 85-100%

The checklist used by LEGAL AID South Africa includes:

•  The time limit for the practitioner to have the first consultation with the person receiving the LEGAL AID;
•  Whether basic information relevant to the case is provided to the person receiving the LEGAL AID;
• Whether court documents were filed on time and without any undue delay;
• Whether forensic experts or others were consulted, etc.

For example, Criminal Trial Preparation (30%) includes the following criteria on the assessment form, each of which is considered when determining the score.

• Counseling the person receiving legal aid before the trial date: This criterion is demonstrated through signed forms in the file, the time the person performing the legal aid consulted with the person receiving the legal aid, noting questions about potential conflicts of interest and other issues;
• Arrangement of witness testimony and evidence: This criterion is demonstrated through signed copies of witness statements, notes relating to other evidence, etc.
• Receipt and reading of depositions, dockets and relevant documents : Indications may include: If there is no 'docket' or deposition, a record indicating when such documents were requested; A note that the 'docket' or deposition was read to ensure evidence for the preliminary case, a note advising the person receiving legal aid on the matter, a note regarding the trial process if necessary.
• Study of relevant law. This is demonstrated by analysis of the charges, the elements of the crime, research of the case and other similar cases, points that may help to argue for acquittal or mitigation;
• Consideration should be given to the need for expert witnesses such as forensic experts, etc. This criterion is demonstrated through notes in the file that consider the need and purpose of the witness testimony and how it will be used.

 

SOUTH AFRICA'S LEGAL AID SCORE FRAMEWORK Supervisor/Legal Manager: Date: Reference Number: 1 Poor (< 60%) 2 Average (≥ 60% ≤79%) 3 Good (≥ 80% ≤89%) 4 Excellent (≥ 90%))   STT Potential risks STT Remedies STT Compliance check Percentage achieved A LEGAL AID practitioners do not properly advise LEGAL AID beneficiaries (15%) 1 2 It is necessary to collect full personal information of the person receiving LEGAL AID. a) b) c) Ensure that LA1 and LA13 are completed correctly and include full details of the LEGAL AID beneficiary.   The advisory form should clearly state all issues relevant to the case. The consultation form must contain the issues related to the case (signature is recommended) The note should include advice based on the facts and the law, and agree on realistic and acceptable outcomes and actions to be taken (Consider the performance report in relation to the criteria in paragraph 11.3.1(b) of the LAG). B The LEGAL AID practitioner drafted the petition improperly and unprofessionally (20%) 3 4 5 6 The defense must contain all the necessary elements of the case. d) D) f) g) Whether the pleadings contain all the essential elements of the cause of action or whether the pleadings cover the facts and the law   Practitioners should consult applicable law where appropriate. Note whether the research note is related to the law and whether it is relevant to the case. The pleading must be drafted and filed on time. The pleading must be drafted promptly and within the time limits of the proceedings. All relevant documents must be reviewed before drafting. Are relevant documents on file and reviewed? C The LEGAL AID implementer does not handle correspondence and reports. 7 8 All correspondence must be dated and processed within a reasonable timeframe. h) l) Compare whether correspondence is addressed and the review period from the date received   Regular written/telephone progress reports to the LEGAL AID recipient Take notes and copy letters D LEGAL AID implementer not preparing thoroughly for court (15%) 9 10 11 12 13 14 Resolve all required pre-trial notices and proceedings within the established timeframe j) k) l) m) o) Copy of notice   Attend pre-trial meetings between the person being counseled and witnesses Consulting/Preparation Notes Instruct the advisor and/or HCU PA appropriately Notes and summaries for consultation including LAB fee agreement and purchase order. The person who pursues cases with poor records Evaluation/Reporting of Rewards: No penalty costs for practitioners (de bonis propis) Attend pretrial conferences as needed and consider whether to split Taking notes and minutes of meetings Prepare and serve as debate leader as needed Copies and contents of the debate sections E LEGAL AID implementer not receiving instructions on dispute resolution (15%) 16 17 Receive instructions and obtain authorization from the LEGAL AID to resolve and similar scope p) q) File notes/letters/advice notes/settlement agreements   Reduces the need for written resolution from the LEGAL AID beneficiary and court orders if necessary Settlement agreement/court order/advice note F LEGAL AID practitioners do not handle records management, Ethics and accounting (15%) 18 19 20 21 22 23 24 25 26 Pre-printed file covers need to be completed r) s) t) u) v) w) x) y) z) Completed file cover   The case history should be recorded in the file folder. The file cover note should contain a complete history of the case in chronological order. Records of proceedings Comprehensive trial records should be kept of important matters including trial records for cross-examination, witness concessions, credibility etc. as well as of all arguments and applications. The file must be neat and tidy. Documents should be filed chronologically and divided into subfolders. Make sure that files are closed properly on AI On-site system testing Withdraw invoices and charges promptly after settlement, if appropriate Bill of Costs/Consider any delays from the date of judgment to the date the Bill is issued Tax invoice or tax claim Copy of tax-inclusive expense invoice Account for the LEGAL AID and LAB in a timely manner for the amount recovered. Includes benefits for LAB costs from funding to AI, deposit slip and file contents Transfer all entrusted funds. Recommendation for JCE/Administrator. Capital Distribution Manager G   The person performing the LEGAL AID does not execute the court order/judgment (10%) 27 Ensure that court orders/judgments are enforced where appropriate aa) Evidence of steps taken under relevant laws to enforce the court order/judgment   Result: Achieved ...% Overall score: ……… Result: ……… Recommendation: …………. Manager Rating: Overall Score (if applicable)

 
II . Experience of England and Wales
          The method of assessing cases in England and Wales involves assigning scores on five levels relevant to the work carried out by the legal practitioner and which may relate to specific cases, with criteria to guide the assessor. The method can be used in criminal, civil and administrative cases.
          The five levels are:
          1. excellent,
          2. High capacity,
          3. average ability,
          4. Low capacity and
          5. Failure to complete the task.
          Criteria are provided to guide the rater in assigning appropriate scores at five levels [1]. The rater will refer to available documents, such as checklists, CMSs, supervisor reports, and score the completed work. The criteria include:
          - Excellent: communicates and performs other duties as required by the client, advises the client accurately and completely, resolves issues comprehensively and appropriately, makes excellent use of tactics and strategies, demonstrates technical skills and knowledge, takes a proactive approach to case issues.
          - High competence : the LEGAL AID beneficiary's instructions are recorded appropriately; the consultancy work is appropriate to the LEGAL AID beneficiary's individual circumstances, the LEGAL AID beneficiary is consulted appropriately and fully, issues are progressed comprehensively and appropriately, tactics and strategies are used to achieve the LEGAL AID beneficiary's best interests.
          - Average competence: Instructions from the LEGAL AID recipient are appropriately recorded, there is adequate but limited communication with the LEGAL AID recipient; advice is adequate but not always wide-ranging and may not be relevant to other issues, there may be issues that the LEGAL AID practitioner has not addressed.
          - Low capacity: Information is not recorded or is inaccurate, communication with the person receiving the LEGAL AID is sometimes poor, advice and other work is inadequate, personal work is not carried out with appropriate skill and care.
          - Failure to complete tasks: Information is not recorded, communication with the person receiving the LEGAL AID is often of poor quality, work is not performed with skill and care, work is not completed.
          III . Indonesia [2]'s experience
          In 2011, Indonesia passed the National Legal Aid Law, which established a mechanism whereby the Agency of the Ministry of Justice (BPHN) would manage funding and be responsible for the effectiveness of legal services but would not provide those services. Legal aid and non-litigation work is currently performed by more than 600 non-governmental legal aid providers. The mechanism used to evaluate the work performed in legal aid work, including criminal, civil and administrative cases, is a checklist of completed work and supporting documents, such as copies of papers filed with the court, completed records, records of convictions, etc.
          Following the passage of the LEGAL AID Law, a system was established whereby a checklist of completed work and 14 additional hard copy documents were required to be submitted as evidence that the work had been satisfactorily completed. This resulted in the system becoming overloaded with warehouses filled with boxes of paper files and too much documentation to be analyzed. With the assistance of technical consultants, BPHN developed the current system which includes an online checklist with the ability to upload both the checklist and supporting documents using a smartphone. This data is linked to a case management system. LEGAL AID practitioners in remote areas can enter this information and the assessors can access it. Each case is assessed against the minimum requirements for BPHN to pay the LEGAL AID practitioner for that case. In addition, the regional review panel responsible for the assessment will visit different regions of the country, review records and interview LEGAL AID providers. The panel will also interview 5% of LEGAL AID recipients to determine the effectiveness and quality of LEGAL AID work provided in the case. The case assessment uses four criteria to score:
          a) satisfaction of the beneficiary;
          b) reliability;
          c) information on each stage of the proceedings;
          d) Information about LEGAL AID.
          IV . Sierra Leone [3]'s experience
          The National Legal Aid Act recognizes that there are not enough lawyers to serve remote areas and empowers paralegals to perform many of the functions of lawyers in those areas. The activities performed by paralegals are assessed according to 17 forms developed by the Legal Aid Board [4]. Immediately after the completion of the activity, paralegals will fill in details of the work completed in an online form that can be easily accessed anywhere in the country. This is important because previously, submitting forms via the online system often resulted in delays of weeks and accurate assessment of case information was difficult.
          3.5. Thailand[5]
          In Thailand, the process of ensuring the accuracy and quality of legal aid services involves a systematic approach implemented by the Ministry of Justice. Here is a breakdown of how this process works:
          Online Information Forms : LEGAL AID attorneys are required to complete online information forms for each case. These forms include checklists of work completed, detailing tasks and services provided to clients.
          Case Review : To verify the accuracy of submitted information, attorneys from the Department of Justice will randomly select a percentage of cases for review. This review process involves comparing the information provided in online forms with actual case files to ensure consistency and accuracy.
          Customer Satisfaction Survey : In addition, to assess the quality of LEGAL AID services and ensure customer satisfaction, the Ministry of Justice sends out questionnaires to customers. These surveys collect feedback on customer experience, satisfaction level and effectiveness of LEGAL AID services provided.
          This process helps maintain the integrity and quality of LEGAL AID services, ensuring that clients receive accurate and satisfactory legal assistance.
          3.6. Moldova
              An authorized report to support the assessment of LEGAL AID cases includes the following assessment criteria ^[6]:
          a ) Documents and Case File Management:
          - Complete Case File: Verify that all necessary documents and information have been included in the case file.
          - Processing Time: Assesses how quickly documents and actions related to the case are completed and filed.
          b) Quality of Legal Services:
          - Accuracy of Legal Advice: Assess whether the legal advice provided is accurate and appropriate to the case.
          - Representative Effectiveness: Examines the effectiveness of LEGAL AID lawyers in representing clients' interests in legal proceedings.
          c) Customer Satisfaction:
          - Customer Feedback: Collect and analyze customer feedback on their experience with LEGAL AID services.
          - Service Accessibility: Assesses the ease with which customers can access and use LEGAL AID services.
          d) Compliance with Procedures:
          - Compliance with LEGAL AID Regulations: Check that LEGAL AID lawyers comply with established procedures and regulations.
          - Use of Resources: Consider how the resources allocated to LEGAL AID have been used.
          d) Results of the Cases:
          - Case Results: Analyze the results of LEGAL AID cases, including success rates and resolution of issues.
          - Client Impact: Assess the impact of LEGAL AID services on clients' lives and their ability to achieve their legal goals.
          e) Professional Conduct:
          - Ethical Standards: Assess whether LEGAL AID lawyers adhere to professional and ethical standards.
          - Capacity and Expertise: Evaluate the capacity and expertise of participating LEGAL AID lawyers.
          f) Effectiveness of Providing LEGAL AID:
          - Process Efficiency: Consider the efficiency in delivering LEGAL AID services and any delays or bottlenecks in the process.
          - Economics: Analyze the economics of the LEGAL AID services provided.
          These criteria help ensure that LEGAL AID services are provided effectively, meet customer needs and comply with relevant standards and regulations.