Scottish Government

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Contents

MINISTERIAL FOREWORD
INTRODUCTION TO THE AGENDA
KEY RESEARCH ACTIVITIES
KEY TOPIC AREAS FOR 2003-2006
METHODS OF WORKING
EXPRESSING INTEREST
CONTACT POINT
APPENDIX 1 CURRENT AND RECENT PROJECTS

MINISTERIAL FOREWORD

Research and evaluation have a crucial role to play in the development of policy across government departments, including the area of civil law and legal aid. While there is already much useful evidence in civil justice, this needs to be kept up to date, expanded and improved. I am, therefore, delighted to support the publication of the Scottish Executive Legal Studies Research Agenda 2003-2006.

The Scottish Executive is committed to evidence-informed policy making in government, to ensure that it delivers its commitments based on current knowledge of what works best and why. The continued development of a modern and effective justice system in Scotland, based on high quality evidence is, therefore, a key priority for the Scottish Executive.

We are also developing more effective ways of working with colleagues within and beyond the Executive to improve policy and practice. This is reflected in this Research Agenda with a greater emphasis on making use of existing evidence, knowledge and expertise. The wide-ranging nature of civil law also means that a wide range of skills and expertise will be required to fulfil its objectives. The Agenda invites researchers and research users not just to conduct research, but to participate in the development, management and dissemination of research.

I believe this Agenda will play an important role in generating evidence on civil justice in Scotland, strengthen our partnership with the external research community and, most importantly, help us to modernise the justice system.

Cathy Jamieson
Minister for Justice

INTRODUCTION TO THE AGENDA

The Scottish Executive Justice Department is committed to the delivery of an effective, efficient and integrated civil justice system in Scotland. In working to achieve these aims, the Department seeks to base policy on a clear understanding of good practice and 'what works' in civil law. The justice system also needs to respond positively to legislative, social and economic change.

Social research plays a crucial role in providing the evidence to inform the development of policy and practice across a range of disciplines, including civil law. As well as commissioning new research and evaluation studies, there is a renewed focus on systematic use of the existing evidence base. This ensures that the best quality research evidence is used in the policy making process, and that knowledge gaps are identified and addressed. This Agenda aims to make best use of existing evidence, while commissioning new studies to fill gaps in current knowledge.

The Legal Studies Research Agenda has been developed to address the research requirements of the Civil and International Group within the Justice Department of the Scottish Executive. It encompasses a wide range of topic areas from legal aid to family law to human rights. It complements the work of the Criminal Justice Research Team at the Scottish Executive. The Criminal Justice Research Agenda can be accessed at :http://www.scotland.gov.uk/library5/justice/cjra-do.asp

The Legal Studies Research Agenda will build on the existing evidence base in socio-legal studies, to inform current and future policy development across a range of civil law interests in Scotland. Research in the legal studies area is overseen by the Legal Studies Research Group (LSRG), membership of which is drawn from relevant policy interests within the Scottish Executive, from the Scottish Legal Aid Board (SLAB), the Scottish Law Commission (SLC) and the Scottish Courts Service (SCS).

Some of the research required involves monitoring and evaluation of the impact and effectiveness of new and existing policy initiatives. Other research will contribute to the formulation of policies by, for example, exploring practices and approaches in other areas of social policy, particularly in other jurisdictions. As already stated, there will be a focus on examining the existing research evidence in the socio-legal field on the effectiveness of different approaches. Thus, emphasis will be given to the secondary use of the evidence base, as well as the commissioning of primary research.

The Agenda highlights topic areas where research may be required, and sets out the likely range of methods that will be employed. It is intended to be flexible, to respond to the changing needs of policy makers in the civil law area. As policy development progresses and the evidence base expands, some topic areas set out in this Agenda may not require research. However, other projects may subsequently be added to meet new demands. Those parties expressing interest in the Agenda will be kept up to date on its development generally and on opportunities to tender for work specifically.

Fundamental to the Agenda is the need to strengthen our existing partnership with the research community and practitioners to help us all maximise our knowledge of what works and why. We are keen to attract interest from those with a background in civil law, socio-legal studies and criminal justice. However, we are also interested in generating interest among researchers who can bring methodological skills, for example in relation to different evaluation approaches, social surveys and multi-disciplinary approaches to research.

For many of the projects in the Agenda, we will be looking for research teams to be multi-disciplinary, encompassing both legal and social science skills.

KEY RESEARCH ACTIVITIES

It is envisaged that four key research activities will be required to address the aim of the Agenda. These are not mutually exclusive.

1. Reviewing and using existing evidence

One of the key research activities in 2003-2006 will be reviewing and using the existing evidence across a number of areas. It is expected that this will include reviewing the findings from published and unpublished research studies and secondary analysis of existing data. These data are likely to be from a wide range of sources including Scottish census and survey data, and information held by public agencies such as the Scottish Court Service (SCS) and the Scottish Legal Aid Board (SLAB).

2. Evaluating new legislation, procedures and arrangements

A further key activity will be evaluation of existing and new arrangements and legislation that are introduced and developed over the Agenda's lifetime. It is envisaged that these evaluation studies will examine the appropriateness, acceptability and impact of these initiatives using a range of quantitative and qualitative research methods. Different approaches to evaluation will be required, depending upon the aims, objectives and rationale of the legislation or intervention being evaluated. Innovative approaches to evaluation design and delivery will be welcomed.

3. Exploratory research/pilots

In new areas of policy and practice development it will be important to undertake exploratory research to assess the feasibility of full-scale evaluations and to inform the development of future research programmes and projects. In others, there will be scope for piloting specific legislative or service changes to assess whether programmes should be rolled out more widely. As with the full-scale evaluations, these pilots will probably involve the use of both quantitative and qualitative methods. Again, innovative approaches will be welcome.

4. Surveys and Needs Assessment

Some projects will also involve or include survey approaches and needs assessment. Research to assess community legal need is already underway as part of the 2002 Legal Studies Research Programme. Different approaches to needs assessment are being examined, including community surveys. Needs assessment work is likely to continue over the coming months and years. This commonly includes the use of both primary and secondary data collection and analysis.

KEY TOPIC AREAS FOR 2003-2006

Listed below are 11 key areas of civil law and legal aid policy and practice. Some of these topic areas are new to the Legal Studies Research Agenda, others build on the existing work of the Legal Studies Research Team. These are not listed in order of priority. A list of current projects (as of August 2003) is provided in Appendix 1.

We expect to commission research to support work in the areas set out below between 2003-2006. However, as already stated, the Agenda is designed to be flexible. New topics may be added to this list as the Agenda progresses, depending upon policy requirements and the developing research evidence.

Human Rights
Research is underway to begin tracking the use of Human Rights legislation in Scottish courts and to consider how best these cases can be monitored in the future. It is likely that research will be required to build on this project over the lifetime of the Agenda.

Family Law
Research will be required to support, monitor and evaluate changes to family law over the period of the Research Agenda. This is likely to include a substantial evidence gathering exercise in advance of the Family Law Bill. Some of this work will be conducted in-house.

Property Law
A large and complex reform programme in property law will be on-going over the period of the Research Agenda. Research may be required to support, monitor and evaluate changes to property law.

Adults with Incapacity
A major consultancy project is currently underway looking at the implementation and operation of the Adults with Incapacity Act. As part of this project a research strategy for future work will be produced in 2004 to guide further commissioning in this area.

Legal Markets
Research may be required to examine the legal services market in Scotland - both demand and supply sides - and to make comparisons with the market elsewhere in the UK. This may also include an assessment of how best to examine profitability.

Modernising Legal Aid
Criminal and civil legal aid will develop alongside other changes in the justice system. Research may be required to evaluate existing policy, assess the need for change in the legal aid system and to model future options. There will be some synergy with the work already underway on community legal services. Legal Aid projects are usually conducted in close collaboration with the Scottish Legal Aid Board (SLAB).

Public Defence Solicitors Office (PDSO)
Further monitoring and evaluation of the Public Defence Solicitors' Office (PDSO) across Scotland may be required in the lifetime of the Research Agenda. Such work may include an examination of the nature and number of PDSO cases, the effectiveness, cost-effectiveness and quality of services, and the client experience. This will build on the evaluation of the Edinburgh PDSO published in 2001.

Courts, Court Procedure and Court Services
Research may be required to monitor and evaluate courts, court procedure and court services. This will probably include an evaluation of the Coulsfield Reforms in personal injury actions and a small-scale evaluation of new in-court advice services. Development work is already underway on these projects.

Tribunals and Hearings
Research to examine the role and impact of Tribunals and Hearings may be desirable in the lifetime of the Agenda. The Tribunals system is likely to undergo significant change over the next few years. Scottish data on Employment Tribunal Applications will shortly be available for analysis.

Domestic Violence
Much of the research and evaluation on domestic violence is commissioned through the Criminal Justice Research Team. Please see the Criminal Justice Research Agenda at http://www.scotland.gov.uk/library5/justice/cjra-00.asp . However, we expect to commission work on contact orders and perpetrator programmes. Contact applications from fathers where there is a history of domestic violence will be the topic of a study beginning in late 2003.

Debt and Personal Bankruptcy
It is likely that research will be required to monitor and evaluate developments in debt management and personal bankruptcy. This will include an evaluation of the new Debt Arrangement Scheme that is intended to provide a facility for orderly payment of multiple debts. The scheme will be supported by approved money advice and payment distribution services.

METHODS OF WORKING

1. Commissioning approach

Selective competitive tendering will remain the most common process of commissioning for the Agenda. For those pieces of research that will be commissioned by selective competitive tender, a short list of potential contractors will be drawn up and they will be invited to submit a tender in response to a specification. However, there may be circumstances under which more flexible and innovative contracting is undertaken. The Legal Studies Research Team is exploring other approaches to streamline the commissioning and the conduct of research. Researchers who are interested in carrying out research should, therefore, provide general details of their interests, skills and knowledge using the expression of interest form.

Irrespective of the mechanism used to commission research, the focus is always on getting the best value for money. Further, as a matter of principle and policy, whenever research is commissioned, consideration is given to ensuring that it takes into account equality and diversity issues including those related to gender, age, race, disability and geographic location. Tenders and proposals are always scrutinised carefully to ensure that the outputs meet the required objectives and the methods chosen are the most cost effective, given the time and resources available, and the subject matter.

2. Dissemination

The research commissioned as part of this Agenda is publicly funded and, in the interests of openness, it is crucial that results are presented in a clear and accessible style. Findings are disseminated to organisations and individuals both within and outwith the Scottish Executive who have an interest and a responsibility for policy and practice. Reports will be published in the Social Research Legal Studies series of reports and as Research Findings (which provide brief summaries of research and outline key points). These publications are available in electronic format on the Scottish Executive Social Research website at http://www.scotland.gov.uk/topics/?pageid=183

Although the copyright on these publications rests with the Crown, once studies are completed the Executive is keen to support wide dissemination of its research and the development of debate on the methodology and findings. There will be a very strong emphasis on dissemination and diffusion of research findings. Tenderers will be expected to clearly set out and cost a dissemination strategy in their tender documents. Those awarded contracts will be expected to work closely with the Legal Studies Research Team to disseminate findings effectively to a range of audiences both in writing and using interactive methods.

3. Research/policy networks

As set out earlier in the document, we are requesting expressions of interest from researchers and practitioners in participating in research and policy networks. As part of the Agenda we are keen to engage with external researchers and practitioners to ensure that their knowledge, skills and expertise help to develop and implement the Agenda. We hope to build networks of experts across a number of topic areas to contribute to research design, review of tenders and reports, and dissemination of findings. It is, however, important to note that participation in a network will preclude participants from submitting tenders for research work in a given topic area . Researchers who are interested in supporting the research as part of a network should provide general details of their interests, skills and knowledge using the expression of interest form.

4. Working with other funders

Social Research within the Scottish Executive (and the Legal Studies Research Team specifically) are continuing to build and maintain relationships with other research funders. In the civil law and legal aid area this includes the Scottish Legal Aid Board (SLAB), the Department of Constitutional Affairs (DCA), the Nuffield Foundation and the Economic and Social Research Council (ESRC). The main aims of collaboration are three-fold. Firstly, to maximise the production and dissemination of high quality research. Secondly, to identify opportunities for joint working and joint funding. Thirdly, to help build research capacity in socio-legal studies.

EXPRESSING INTEREST

Interested parties are invited to express interest in participating in the Agenda. We are inviting researchers and practitioners to express interest in two ways:

1. tendering for/conducting research

2. supporting the Agenda by participating in research and policy networks (e.g. by providing advice and expertise in research design, participating in working groups, peer reviewing tenders and reports, and assisting with dissemination).

A form is provided with this document (Download Expression of Interest form ( pdf format 64k)). Alternatively you can complete the expression of interest form on the Scottish Executive Social Research website, or contact the Legal Studies Research Team to request an electronic version.

CONTACT POINT

Enquiries about the Legal Studies Research Agenda can be addressed to:

Dr Anita Morrison
Legal Studies Research Team
2nd Floor West Rear
St. Andrew's House,
Regent Road,
Edinburgh,
EH1 3DG
Telephone 0131 244 5229
anita.morrison@scotland.gsi.gov.uk

APPENDIX 1 CURRENT AND RECENT PROJECTS

Protection from Abuse (Scotland) Act 2001
Researchers: University of Glasgow/University of Strathclyde
The researchers have examined cases in the three months preceding, and subsequent to, the legislation coming into force. This has been undertaken in a cross-section of courts. The views of stakeholders - including abused women - were collected.

Community Legal Services: needs assessment
Researchers: MRUK and University of Salford/in-house
This project is assessing the level and nature of need for legal advice, information and representation in four partnership areas using two different methods (proxy models and surveys). These exercises will be followed by focus groups with local stakeholders. An additional partnership has been set up to focus specifically on the advice needs of disabled people. Although a needs assessment exercise will not be conducted for this partnership, in-house work is being conducted to summarise the evidence on legal need among disabled groups for the partnership.

Evaluation of CLS Pilot Partnerships
Researchers: in-house
The principal objective of this evaluation is to assess and evaluate the contribution and cost of pilot community legal partnerships in improving the planning of services locally. The evaluation is being undertaken in-house and has two strands. The first strand is obtaining the views of partnership participants before and after the partnership process using a short questionnaire. The second element is a non-participant observation of partnership meetings in some partnership areas to assess how effectively the partnerships function.

Adults with Incapacity: Consultancy on implementation, monitoring and research
Researchers: Alzheimer Scotland and Scottish Development Centre for Mental Health
The research team are undertaking three distinct (but linked) phases of work in relation to Parts 1, 2, 3 and 6 of the Adults with Incapacity Act. The aim is to establish how the Act is operating, whether it is operating in the way intended, and the impact it is having on those using it. The first six months of the Consultancy focused on implementation and monitoring of the use of the Act. In the later part of the project, greater focus will be given to the research activity.

Human Rights in the Scottish Courts
Researchers: Centre for the Study of Human Rights Law, Glasgow Graduate School of Law
The principal aim of the project is to monitor and review the use and development of human rights law in Scottish courts since devolution. The researchers are also testing the feasibility of a monitoring system in a sample of courts, with a view to making recommendations for a Scotland-wide system for identifying and tracking cases that make use of human rights legislation.

Evaluation of the Commercial Court
Researcher: Elaine Samuel
This project is evaluating the effectiveness and efficiency of the commercial court in Scotland. Data collection has commenced and a pilot exercise has been carried out in Glasgow Sheriff Court.

Evaluation of Legal Aid Fixed Fees
Researcher: to be confirmed
Research is examining the impact of the introduction of legal aid fixed fees. The project is exploring the impact on summary criminal legal aid expenditure and on key participants and stakeholders. The researchers are analysing data from SLAB and undertaking qualitative research with stakeholders.

National Survey of Employment Tribunal Applications: Scottish booster
Researcher: BMRB UK
A Scottish booster to this GB-wide survey has been commissioned from the Department for Trade and Industry (DTI). This involves 700 interviews with random samples of applicants and employers. Information to be collected includes: characteristics of the applicants, employers and the dispute, use of procedures, patterns of advice and representation and the tribunal outcome. There is also scope for comparisons between Scotland and England/Wales.