LAO update: spring 2019 edition
Published: June 30, 2019
A quarterly update on Legal Aid Ontario’s latest access to justice initiatives
Message from the CEO
In the first quarter of the year, LAO implemented a number of measures to ensure that we operate and offer services within our new funding envelope, while maintaining an unwavering focus on our clients.
These included:
- an administrative budget reduction of 10% to be achieved through administrative efficiencies, including a voluntary exit program
- reallocation of the legal clinic budget recognizing areas with highest client‑facing need
- interim changes to refugee and immigration services
- revised coverage and policies for criminal, family and mental health legal aid certificates
- duty counsel service changes
In addition:
- For the first time, we published vice‑president mandate letters which outline key responsibilities and identify the work that the divisions will focus on this year.
- LAO hired its first diversity officer to operationalize our commitment to equity, diversity and inclusion and ensure our compliance with the Accessibility for Ontarians with Disabilities Act.
Looking ahead, with the leadership of chair Charles Harnick, we will continue working with partners and stakeholders to realize LAO’s mandate of promoting access to justice for low‑income Ontarians.
David Field
President and CEO
Legal Aid Ontario
Updates
- LAO changes to policies and certificate coverage
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June 14, 2019
LAO is changing the way we fund, provide and manage legal services. - Duty counsel service changes effective July 7
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June 19, 2019
Effective July 7, there will be key changes to duty counsel responsibilities. - Proper bail hearing a basic human right
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Op-ed by David Field, Toronto Star, June 20, 2019
Opinion piece by President and CEO David Field on duty counsel expertise in ensuring proper bail hearings
Client services
Intake, triage and support services
LAO offers intake, triage and support services to people applying for legal aid, existing legal aid clients and lawyers who provide legal services on behalf of Legal Aid Ontario.
-
Call centre–Tier 1
Agents in Tier 1 of LAO’s call centre can help assess service needs and provide information about qualifying for legal aid. Their responsibilities include, but are not limited to: triage, making referrals, performing status checks and updating client profiles. -
Call centre–Tier 2
Tier 2 agents conduct an in‑depth analysis of a client’s legal needs, financial situation and case details to determine eligibility for legal aid services. Their responsibilities include, but are not limited to: processing applications, issuing certificates, making referrals, and providing enhanced public legal information. -
Call centre–Lawyers
Lawyers who do legal aid work can contact the call centre for information on, including but not limited to: tariff, billing, account status and technical support. This group serves as a first point of contact for most lawyers’ enquiries.
Call centre–In‑custody
LAO also offers a service dedicated to helping people who are incarcerated across the province. Staff take calls directly from inmates to determine legal aid eligibility, process applications and issue certificates as well as conduct status checks on submitted applications.
Persons assisted for intake, triage and support
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| Persons assisted for intake, triage and support | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Phone: Tier 1 | 69,813 | 63,187 | 76,566 | 70,156 | 73,498 | 68,281 | 76,534 | 74,457 |
| Phone: Tier 2 | 26,336 | 24,235 | 23,152 | 26,614 | 29,117 | 27,254 | 28,709 | 28,105 |
| Phone: In‑custody clients | 8,919 | 7,693 | 7,437 | 8,194 | 9,066 | 8,462 | 9,120 | 9,391 |
| Phone: Lawyer Service Centre | 11,403 | 11,942 | 12,061 | 11,571 | 11,106 | 10,914 | 10,639 | 10,598 |
Duty counsel services
Duty counsel are LAO staff and per diem lawyers in courthouses. They can give immediate legal assistance to low‑income people who would otherwise be unrepresented and unassisted.
Number of people assisted by duty counsel
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| Persons assisted | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Criminal law | 124,533 | 120,842 | 138,453 | 112,419 | 121,721 | 131,619 | 150,401 | 129,421 |
| Civil law1 | 34,038 | 33,403 | 42,105 | 31,785 | 33,345 | 34,700 | 38,233 | 31,890 |
| Total | 158,571 | 154,245 | 180,558 | 144,204 | 155,066 | 166,319 | 188,634 | 161,311 |
[1] This category consists largely of people assisted in family law courts
Certificate program
LAO staff working at courthouses or on the phone assess whether an individual qualifies for legal help from LAO, and what kind of legal help they qualify for. A formal application is then created, and, if approved, a certificate is issued. Certificates state the type of service and length of time, as LAO will pay for a lawyer to complete the service based on the typical amount of work required.
Certificate application outcomes
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| Certificate application outcomes | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Approved | 26,191 | 24,938 | 25,451 | 27,794 | 27,448 | 27,492 | 28,854 | 26,687 |
| Refused | 3,384 | 3,171 | 3,192 | 3,624 | 3,369 | 3,373 | 3,658 | 3,530 |
| Other2 | 1,720 | 1,580 | 1,347 | 1,504 | 1,502 | 1,653 | 1,721 | 1,689 |
| Total outcomes recorded | 31,295 | 29,689 | 29,990 | 32,922 | 32,319 | 32,518 | 34,233 | 31,906 |
[2] Application outcomes labelled as “Other” are often of an administrative nature and can include: referrals to other service providers, applications withdrawn by the client, or instances when an application was created in error.
Length of time to determine application outcome
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| Length of time to determine application outcome | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Same day | 22,072 | 20,601 | 20,958 | 23,015 | 22,755 | 22,757 | 24,006 | 22,039 |
| 1 to 7 days | 2,521 | 2,403 | 2,458 | 2,836 | 2,929 | 2,786 | 3,713 | 3,556 |
| 7 to 14 days | 1,480 | 1,618 | 1,538 | 1,781 | 1,664 | 1,861 | 1,529 | 1,573 |
| 14 to 30 days | 2,323 | 2,307 | 2,183 | 2,538 | 2,327 | 2,475 | 2,182 | 2,249 |
| Over 30 days | 2,899 | 2,760 | 2,853 | 2,752 | 2,644 | 2,639 | 2,803 | 2,489 |
| Total outcomes recorded | 31,295 | 29,689 | 29,990 | 32,922 | 32,319 | 32,518 | 34,233 | 31,906 |
| % same‑day decisions | 70.50% | 69.40% | 69.90% | 69.90% | 70.40% | 70.00% | 70.10% | 69.10% |
Certificates approved by area of law
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| Certificates approved by area of law | 2017/18 | 2018/19 | 2019/20 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Criminal law | 14,492 | 13,714 | 14,053 | 14,953 | 14,506 | 15,020 | 15,929 | 15,333 |
| Family law | 7,028 | 6,409 | 6,411 | 7,473 | 7,398 | 6,945 | 7,585 | 6,942 |
| Immigration and refugee law | 3,306 | 3,493 | 3,628 | 3,968 | 4,123 | 4,186 | 3,904 | 3,029 |
| Other3 | 1,365 | 1,322 | 1,359 | 1,400 | 1,421 | 1,341 | 1,436 | 1,383 |
| Total | 26,191 | 24,938 | 25,451 | 27,794 | 27,448 | 27,492 | 28,854 | 26,687 |
[3] Other is a category that represents all other legal matters covered by LAO certificates, such as: CCB matters, prison law matters and matters before civil tribunals.
Performance measures
| Key Performance Indicator (KPI) name | Measurement frequency | Last measured | Target | Previous year (2018/19) | Q1 2019/20 |
|---|---|---|---|---|---|
| % of area office appeals heard within 3 days | Quarterly | Q1 2019/20 | 80.0% | 59.5% | 45.6% |
| % of calls answered with 3 minutes (L1) | Quarterly | Q1 2019/20 | 80.0% | 70.0% | 84.0% |
| % of calls answered within 3 minutes (LSC) | Quarterly | Q1 2019/20 | 80.0% | 84.0% | 90.0% |
| % of calls answered within 3 minutes (In‑custody) | Quarterly | Q1 2019/20 | 80.0% | 64.0% | 78.0% |
| % of calls answered with 20 minutes (L2) | Quarterly | Q1 2019/20 | 80.0% | 63.0% | 89.0% |
| Overall client satisfaction ‑ % of positive responses (email) | Annual | Q4 2018/19 | 80.0% | 80.7% | 80.7% |
| Overall lawyer satisfaction ‑ % of positive responses | Annual | Q3 2018/19 | 60.0% | 52.0% | 52.0% |
LAO statement of operations
| Revenue | PY YTD actual June 2018 ($M) | PY YTD actual June 2019 ($M) |
|---|---|---|
| Revenue | ||
| Government funding | $112.1 | $85.0 |
| Law Foundation | $17.1 | $25.5 |
| Other revenue | $2.8 | $4.0 |
| Total revenue | $132.0 | $114.5 |
| Core business expenses | ||
| Certificate costs | $58.4 | $62.1 |
| Client service offices | $4.8 | $4.8 |
| Clinic program | $25.9 | $25.1 |
| Duty counsel program | $13.8 | $13.8 |
| Service innovation | $0.6 | $0.8 |
| Total core business expenses | $103.4 | $106.6 |
| Operating expenses | ||
| Service provider support | $1.7 | $1.6 |
| Administrative expenses | $9.2 | $8.3 |
| Other expenditures | $(1.7) | $1.4 |
| Program support | $6.4 | $5.8 |
| Total operating expenses | $15.6 | $17.0 |
| Total expenditures | $119.0 | $123.6 |
| Surplus / (deficit) before other corporate expenditures / savings | $13.0 | $(9.1) |
Due to rounding, the numbers may not add up precisely to the totals provided.