More and better access to justice – a few thoughts (Summer 2020)

It’s that time of year again when I’ve had time and headspace to reflect on big challenges.

I’m passionate about access to justice and for me that means “helping more people get better outcomes which meet their needs” when they have problems which need advice (legal or otherwise).

So I got to thinking about challenges, needs and potential solutions as the waves hit the stones on the beach. It felt like we had systemic challenges not just tactical ones, and definitely not just ones which can be solved by technology (that’s simply one tool in the toolbox)

The key needs for me are:

• Design so we’re clear what we need to do
• Data to ensure we’re addressing the right needs and doing the right thing
• Tools to enable the action
• Change to drive, deliver the outcome and follow through
• Leadership to ensure coordination and sustainability of the results and ensure collectively we do the right things  

Relatively easy to say, a bit more challenging to put together. We need them because:

• We don’t really know what we need
• We’re not clear what works better
• Lack of headspace
• Rushed or non existent design
• Incoherent strategies
• Lack of domain experience and expertise 
• Gaps in coordination with lack of strategic thrust, resource, programme/portfolio management (the difference between doing things right and doing the right things)
• Under investment and funding gaps – too much gets started but delivering not well enough without sufficient punch and impact (capacity and capability)

So we might:

• Start small, bring organisations and initiatives together on defined outputs solving specific problems
• Develop and get behind cohesive activity and strategy
• Provide effective system leadership with real focus, clarity, transparency and outcomes led
• Provide financial resource to do this properly (not half heartedly)

In conclusion, we need (i) coordination, (ii) evaluation, (iii) learning and sharing what works and what doesn’t (honestly, promptly and openly), (iv) action and (v) leadership - the system leadership of doing things better and doing better things to a design which delivers an agreed outcome.

That feels like it will deliver a step change in access to justice. Who's on board?

What do innovation and change consultants read on holiday (and why)?

I made it, dear reader! A nine day sojourn to the South of France and back with eleven hours to spare before quarantine kicked in. But it wasn’t all sun, sand, art, wine and ice cream. For me, holidays are a time to reflect and think, so here is my reading list for Summer 2020.

1. The Parade by Dave Eggers. Humorous, clever writing, strong narrative but boy does it pack a punch at the end.
2. About Looking by John Berger. Thought provoking collection of essays which have stood the test of time. Always insightful and plenty to reflect on.
3. Strategic Acceleration by Tony Jeary. A methodology which does what it says on the tin with useful exercises. Has kickstarted one project already and accelerated a second.
4. The Plague by Albert Camus. It wouldn’t be France for me without at least one Camus. Timely reminder of what happens in pandemics told in the way only Albert can.
5. Transitions by William Bridges. Highlighted to be as a change management book and draws a clear distinction between change and transitions. Moving, thoughtful, emotional and tested me. One key takeaway is that without making time to navigate ourselves through transitions, all change is just ‘rearranging the furniture’. Read it – but be advised it might affect you.
6. It’s Not About You by Tom Rath. Short, punchy and a good reminder we’re here to do more than fulfil our own needs.
7. Man Alone With Himself by Friedrich Nietzche. I do like my philosophy on holiday. Somewhat of a rant in places but suitably thought provoking and inspired some meaningful thinking.
8. Mindful Listening (HBR Emotional Intelligence series). Short, pithy collection of articles on the why and how of effective (active) listening, what it does for relationships and outcomes and why the investment is worth it. Not always new but an important reminder.
9. Tiny Habits by BJ Fogg. Game changer. I love psychology and am a real fan of the value of habits but this was excellent and has caused me to rethink my business model provision. It’s all about the behaviours and they start small, easy and celebratory.
10. Vintage 1954 by Antoine Laurain. My fourth favourite French author (Camus is number one). A delightful read, laugh out loud funny in places and beautifully told. Highly recommended.

So there we go. A mix of style, content and subject but fulfilled many happy hours on the beach, in cafes and apres dinner. Pick one or two and dive in. I promise you won’t regret it.

Bouncing back to sustainability and viability

Sustainability – “the ability to be maintained at a certain rate or level” or “avoidance of the depletion of natural resources in order to maintain an ecological balance.” Both definitions can apply to the legal and advice sector and its constituent organisations right now.

There is no doubt the emergency financial injections (and flexibility) by foundations and collaborations such as the Community Justice Fund have made a critical difference and kept organisations alive, people in jobs, services running and individuals in legal need supported.

More concerning is the continuing lack of viability of the legal aid model and grant funders who do not support full cost recovery (so organisations run projects and services at a loss). The lack of revenue from certain case types (and absence of work for practitioners like solicitors and barristers) has further longer term consequences. Building sustainability requires a coherent strategy, with key planks of that strategy shared or at least understood across the sector.

But what are we actually sustaining? And do we need to ‘build back better’ rather than patch a broken model?

“Resilience is about having the right foundational principles, having the right people, and making the best decisions you have with the information you have, and learning from every single thing good and especially bad.” @Tom_c_watson (Twitter)

Sustainable Funding – necessary but not sufficient?

NCVO’s Sustainable Funding Project developed the Sun tool to address financial sustainability. NCVO define “A financially sustainable organisation, small or big, is an organisation that can consistently support and deliver its mission, making the most of changing markets and funding environments.”

The tool also talks about moving through awareness, to making changes, to delivering and finally to excellence. In the following section we’ll adopt a slightly broader framework but use these themes. One point to bear in mind is that charities with a higher dependence on public and earned income (rather than just trusts and foundations) appear to have struggled more during Covid-19 than those relying on foundation support.

What are our challenges

The sustainability sub-group of the Legal and Advice Sector Roundtable identified four key challenges:

• the lack of secure long-term core funding (a welcome initiative from funders post lockdown was the pulling together of funding opportunities which makes it easier for organisations to apply and gives funders more visibility over the needs of the sector. However, funding remains predominantly short term and year on year.)
• the difficulty of recruiting and retaining staff. 
• making better use of technology – which has started to happen and is going to have to continue apace given the Covid-19 scenario
• morale in much of the sector is low. Many caseworkers want to deliver a great service to the clients but it is very stressful

These challenges map quite well across four key considerations for leaders and trustees to consider:

• Financial viability – can we appropriately and adequately fund what we’ve chosen to do and sustain this for the future?
• Doability – are we able to do the right things at the right time in line with our mission and strategic objectives?
• Clarity of Communication – what are our core key messages and who do we need to articulate them to and for what purpose?
• Usability – how do we deliver, and measure, value and outcomes in the interests of stakeholders and beneficiaries?

But as ever, we need to start with where we are and to know why we are there.

ARTICULATING THE CHALLENGES

Awareness, strategy and thinking ahead– where are we and why?

The current consequences and impact of the pandemic were not easy to foresee and the future consequences are even less predictable but now is the time to:

• clarify and confirm our vision/mission - what are we here for,
• dust down our SWOT (or as Juliet Corbett puts it, identify our accelerators (internal strengths and external opportunities) and sticking points (our internal weaknesses and external threats)),
• think about who will be affected (the stakeholders),
• identify a general approach,
• scan for consequences and risk assess and
• get on with it

Income - viability versus investment

Some organisations may just not be economically sustainable and we must recognise that. Some need targeted injections of cash to support the improvement which could make them sustainable despite running perpetually on the edge of survival, living month to month. Others might only need to refocus and reprioritise a few activities whilst some just need to keep building on their successes. Income diversity ensures that some funding streams might compensate for less effective streams but aiming for as close to full cost recovery as possible is key. It’s important to know which camp of organisation you fall into and remember that without money, wages don’t get paid and pretty soon you don’t have a service or an organisation. Stop doing so many projects or cases at a loss. The odd one is forgivable, making it a habit isn’t.

Leadership - Headspace, bandwidth and prioritisation

Are you running your organisation or is it running you? The former Cass Business School’s work on leadership development in the advice sector was loud and clear – leaders need to focus their time on planning and leading, doing what only leaders can do, not getting their hands quite so dirty on active operations. Boards which have invested in leadership capacity, leadership excellence (knowing the right thing to do and doing it right) and ensuring good use of leadership time have ended up being the organisations which have coped best with the pandemic.

Staffing, recruitment and retention - Who wants to work here?

With few exceptions, the legal and advice sector won’t make you rich but if you can pay your bills it can be tremendously rewarding. It does have a recruitment and retention issue but routes into the sector including Justice First Fellowships and University House’s work providing experience for trainee solicitors, and support mechanisms such as Young Legal Aid Lawyers are addressing some of the brain drain. Communities of practice and support are forming (sometimes sparked by social media) and membership organisations play a vital role. More effective sustainable organisations will also reduce pressure on individuals and reduce the exit from the profession.

Communication – why you matter and why it should be paid for

Whether you’re an advice agency, a lawyer or consultant, there will never be a shortage of people wanting things for free and offering free advice is important. But let’s be clear about the value of what we do (tangible and intangible), be clear in our messaging (this makes grant applications so much easier and successful, when we can articulate it clearly) and understand what value we add as part of the overall system. It’s not enough to ‘do good’ anymore. We need to be clear what that difference that good makes, where it complements other good work and that takes data and evidence.

Effectiveness – doing things better and doing better things

We’ve all embraced technology and digital change since lockdown and those who had invested in ‘modern’ systems and flexible cultures ahead of time managed more easily. Change is hard and effective change (and the better use of technology, tools, data and ways of working) takes time and money. You need clarity on what’s important and you need to implement/execute well. Dumping your server contents into Office 365 without planning or buying a cheap laptop isn’t the answer. You need to draw a thread through vision, scope of what you need and delivering it as well as possible and for that you need to know what tools and processes work and why.

Learning and data

We need to gather meaningful data and learning, not for its own sake, but so we know what works well (successes to build on) and what we need to improve (gaps, weaknesses and inefficiencies to deal with). If we can’t evidence the difference we make then how do we know how well we’re doing? If you reform based simply on intuition how well will it work out? Do we know what difference we make and how we can improve or are we stuck in a failing cycle and blindsided? This isn’t always easy but it is critically important and we need to start somewhere, baby steps if necessary and get help if we can’t do it alone.

EIGHT ACTION POINTS TO TAKE FORWARD

So what do we need to do differently to lead our organisations and sector on a path to sustainability?

a)    We need to focus on income positive activity – that means we generate more income for what we do than we spend on doing it (remember not for profit does not mean no surplus). We need to challenge funders, contract providers and the LAA to ensure that it is financially viable to deliver the service we deliver.

b)    We need to manage our cashflow and control costs carefully – lots of organisations appear viable but may have almost nothing in the bank. If you can’t pay your bills (or wages) you’re not going to carry on for long. Good financial management (and understanding the difference between ‘cash in bank’ and management accounts or balance sheets) is key. If we have very low unrestricted reserves - if we’re always struggling to pay the wages at the end of the month or make a positive balance at end of financial year then what do we need to do differently?

c)     We need to invest in improving our effectiveness - if it costs you £25 to deliver a basic service and it costs another organisation only £18, you need to ask why (your funders and clients will). At what point is it necessary or better to invest to improve effectiveness (or do something differently) rather than keep, literally, paying the higher price. Sometimes you’ll need a grant (and your time) to improve the cost and value of a service.

d)    We need to take a breath and look after our well-being so we can make the most of our ability - if it’s always impossibly stressful, what’s causing the stress? You can’t be effective running on empty with poor sleep. Take a break (however impossible it seems), take a day off (and evenings off). It’s not about how long you work, it’s about the difference you make in that time.

e)    We need to gather meaningful data and learning. What difference do we make? What are we basing our decisions on? What can we do to streamline the service and process for users (and staff)? We need simple dashboards of data so that we can see progress.

f)      Recording our dues - are we getting paid for everything we can possibly claim for or are we literally missing a trick? Were we clear how much work was involved when we signed the contract or asked for the grant? Do we know what’s billable or are we just lost in the actual work?   

g)    Making headspace and being disciplined - do we know what we need to do or are we just doing what we’ve always done? Making time for what’s important is a discipline. Failing to prepare is simply preparing to fail. Leaders need leadership time to do what’s right and what’s important in their role. Not taking the time is a bit like having an ongoing pain, avoiding the doctor and hoping it all goes away.

h)    Being clear about the outcomes - are we resolving people’s problems and needs or just patching up for someone else to deal with elsewhere? Where does our input and service dovetail with others in meeting the overall needs and what should be concentrate our focus on? Can we be more effective working together?

An overall proposition for each and every organisation

What if we applied six areas of focus to how we lead and manage our organisations:

• Mindset – what does sustainability look like for us and are we committing to it?
• Design – what do we want this to look like for the people we support (and us)?
• Investment – what different use of time and money will make us better and more effective in the short, medium and longer term?
• Learning – being clear what we need to learn, how we can gather data to inform us and to make use of it in our decisions
• Habits – being clear about boundaries and behaviours, disciplines and principles. Lead don’t just do.
• Using tools well – choosing the right tools and learning to use them well to improve effectiveness 

 Might this eventually lead us to:

• A system that rewards important and valuable work - for everyone
• Tools (and skills) to do the job as effectively and efficiently as possible
• Leadership to prepare for and manage the implications of change (sector and organisation)
• Focus on the bottom line financials, the user outcomes and the key detail of the job - you need all three
• Collaboration on learning and sharing – we don’t all need to do everything but we do need something to coordinate us together
• Effective campaigning and protest against inequities in the system so we can change what needs to change
• Sufficient finance to do this (because you can’t do it all without money)
• A coherent strategy for the provision of legal information, advice and support which recognises the value that different organisations in the sector bring and that the whole is greater than the sum of its parts. Funders, especially Government, need to buy into a shared vision and strategy that is sector led. 

It may or may not work but something clearly has to change. We can’t keep on keeping on. Above all, let’s stop doing unaffordable work and ensure leadership and management is in the hands of those with the skills and will to do what’s needed and that we prioritise what’s most important. If we’re encouraging those in legal need to seek expert advice early, shouldn’t we be doing the same ourselves?

Sustainability is possible. But it’s going to take work and effort - for individuals, within organisations and across systems and sectors.

Read the Sustainability sub-group's detailed paper here

Managing remote workers to everyone’s benefit - productivity, wellbeing, results (a guest post by Nigel Scott)

The statistics tell us that up to 60% of workers are currently working from home [1] as we continue to to overcome Coronavirus.  What was previously considered a luxury for the few has become a necessity for the many.  A recent Gallup study [2] indicated that 35 percent of employees want to work only remotely from now on. And 68 percent of organizations will "probably or definitely" adopt work-from-home flexibility for all workers. It seems likely that working from home (WFH) is going to grow in the future.

But here’s the rub, we currently have a predominantly office based culture of management that subtly blends a combination of presenteeism, regular oversight from a manager who is satisfied if s/he “sees” busyness around the office, many meetings, unannounced drop in discussions, and pressures to work harder and longer . Granted, It’s not like this for everyone but you get the picture!  And how can that kind of management behaviour even begin to work across the ether to a home worker?  More to the point, should it?  There must be a better way.

Anecdotal evidence from our colleagues indicates that many managers are struggling to cope with managing and supporting staff WFH. Tales are told of frequent phone calls to check on progress, persistent multi-channel messaging, unreasonable expectations of outputs, and insistence on minutely detailed time recording against projects, and yes - of course – many zoom call meetings!

And for employees, working from home is not an easy opt-out from the office.  There are all sorts of distractions from finding a space to work at, children and pets, to the incursion of daily home duties. And then there are the personal mental challenges around feeling valued, wanting to do a good job, fear of failure, loneliness from work colleagues and so on.

How do we manage better online?

So what are the tools and behaviours that an ‘online’ manager needs to create and maintain productive and content employees?

Start with work structure (work process and work rhythm).  This is about setting the ground rules clearly, shifting focus from inputs to outputs, and creating a working rhythm that suits both the employee and the manager.  In essence creating a clarity of purpose and expectation with each employee, so they can contribute fully in the context of the circumstances that they are working in.

The work process needs:

• Specific task and behaviour objectives, defined in terms of outputs, to be accomplished during an agreed cycle
• An agreed process to measure objectives
• Work prioritisation agreed by identifying those results that are most crucial and those that can be delayed.  Attaching milestones or deadlines helps focus on what is important.
• Clarifying how individual objectives support group work goals
• Online access to all of the necessary resources

The work rhythm needs us to [3]:

Establish “rules of engagement” at the outset: Remote work becomes more efficient and satisfying when managers set expectations for the frequency, means, and ideal timing of communication for their teams. For example, “We use videoconferencing for daily check-in meetings, but we use IM when something is urgent.” Also, if you can, let your employees know the best way and time to reach you during the workday (e.g., “I tend to be more available late in the day for ad hoc phone or video conversations, but if there’s an emergency earlier in the day, send me a text.”) Finally, keep an eye on communication among team members, to ensure that they are sharing information as needed.

Agree different communication options.  Email alone is insufficient. Remote workers benefit from having a “richer” technology, such as video conferencing, that gives participants many of the visual cues that they would have if they were face-to-face. Video conferencing has many advantages, especially for smaller groups: Visual cues allow for increased “mutual knowledge” about coworkers and also help reduce the sense of isolation among teams. Video is also particularly useful for complex or sensitive conversations, as it feels more personal than written or audio-only communication. 

There are other circumstances when quick collaboration is more important than visual detail. For these situations, provide mobile-enabled individual messaging functionality (like Slack, Zoom, Microsoft Teams, etc.) which can be used for simpler, less formal conversations, as well as time-sensitive communication.

Provide opportunities for remote social interaction: One of the most essential steps a manager can take is to structure ways for employees to interact socially (that is, have informal conversations about non-work topics) while working remotely.

The easiest way to establish some basic social interaction is to leave some time at the beginning of team calls just for non-work items (e.g., “We’re going to spend the first few minutes just catching up with each other. How was your weekend?”). Other options include virtual pizza parties (in which pizza is delivered to all team members at the time of a videoconference), or virtual office parties (in which party “care packages” can be sent in advance to be opened and enjoyed simultaneously). While these types of events may sound artificial or forced, experienced managers of remote workers (and the workers themselves) report that virtual events help reduce feelings of isolation, promoting a sense of belonging.

Offer encouragement and emotional support: (apply the principles of EI), Especially in the context of an abrupt shift to remote work, it is important for managers to acknowledge stress, listen to employees’ anxieties and concerns, and empathize with their struggles. If a newly remote employee is clearly struggling but not communicating stress or anxiety, ask them how they’re doing. Even a general question such as “How is this remote work situation working out for you so far?” can elicit important information that you might not otherwise hear. Once you ask the question, be sure to listen carefully to the response, and briefly restate it back to the employee, to ensure that you understood correctly. Let the employee’s stress or concerns (rather than your own) be the focus of this conversation.

What is EI or EQ?  It was in 1995 when Daniel Goleman, a psychologist, wrote “Emotional Intelligence: Why it can matter more than IQ” [4].  He and his team identified that the behaviours of introspection, self awareness, understanding, empathy, sharing emotions and being open to criticism were synonymous with “good management”.  These behaviours help considerably when managing at a distance, because not having direct contact makes trying to “read” an employee much more difficult.

Studies show that there are significant links between high EI and more successful interpersonal relations. people who exhibit higher levels of EI also show a greater level of empathy and cooperation with others, which builds closer and more satisfying relationships as well as greater social skills in general [5].  Goleman described managers with a low EI as capable of becoming destructive to their employees and the organization. This type of low EI can result in management not being trusted, poor understanding and a limited ability to motivate employees.  This hinders good work performance.

Here are some tips to increase your own emotional intelligence and that of your team [6]:

1. Identify your strengths and weaknesses by asking for feedback and observing other people’s reaction to your behaviour. Instead of blaming them for their reaction, ask yourself what could you have done differently.
2. Get a mentor or a coach that will offer you honest feedback and challenge your behaviour.
3. Pay attention to when you feel negative emotions. They are usually a sign. If you are frustrated, ask yourself why. If you have explained the same thing three times and people still don’t understand what you mean, take responsibility. Doing the same thing and expecting different results is Einstein’s definition of insanity. Explain it differently. Don’t change the outcome, change the methodology.
4. Observe your team closely, notice their mindset and emotional state. Address any issues in a constructive manner.
5. Be empathetic and try to understand how others feel. You may not feel the same way as they do but you may have experienced the same emotion for a different reason. Use this experience to show empathy.
6. Have the courage to be wrong. Admitting mistakes and learning from them shows character and integrity.
7. Encourage open communication by listening and being curious about what is being suggested. People in the workplace can often be defensive and showing you are interested in them can open up better communication.
8. Take the time to acknowledge and thank your team for their effort, and celebrate success.

How to make it work for you and your team

Managing (and leading) at a distance is likely to become more commonplace over the coming months and years.  It does require a different management approach, principally from control to support, which is much enhanced by ensuring the ground rules of communication and work processes are agreed, understood and practiced.  Developing a stronger EI strengthens the awareness and bond between manager and staff, enhancing support which results in better work outcomes and more content staff. 

If you are struggling with any of these issues, or seek support to improve on any of then contact us for a confidential discussion to find how we can help you.

---

[1] https://www.finder.com/uk/working-from-home-statistics

[2] https://www.mis-solutions.com/2020/07/should-your-employees-continue-to-work-from-home/

[3] Adapted from https://hbr.org/2020/03/a-guide-to-managing-your-newly-remote-workers

[4] Daniel Goleman “Emotional Intelligence – why it can matter more than IQ” 1995

[5] https://positivepsychology.com/importance-of-emotional-intelligence/

[6] https://www.theguardian.com/careers/2015/aug/20/emotional-intelligence-why-managers-should-show-a-softer-side

Nine use cases of reopening after lockdown

There are probably thousands of organisations operating in the legal and advice space. Most have been challenged to adapt to the circumstances of lockdown and social distancing. Some have continued to function, albeit at lower levels, some have carried on ‘business as usual’ albeit in an online space, and some have been forced to shut their doors for now.

As lockdown eases, there is already some smart thinking about how we all adapt to the new circumstances and we think it’s worth sharing. You don’t need to reinvent the wheel, you just need to borrow someone’s idea and refine it (but please credit them and say thank you – it’s only polite!).

The nine 'types'

The following are necessarily ‘blunt’ organisation types but we hope you recognise yourselves amongst them and can learn or spark ideas and plans.

1. Grant giving organisations (including foundations) – with the exception of additional capacity demands (more money awarded faster), more flexible reporting and more collaboration between organisations, this has pretty much been business as usual. It begs the question of what do they even need an office for. Working remotely appears to work rather well with some exceptions.
2. Membership and network services – definitely challenged initially as the role of understanding the immediate needs of members and collating, curating and shaping resources became urgent, most networks (and a shout out to Law Centres Network in particular) have adapted well, provided new models of support, coordinated support online across different cohorts (operations, governance, functions) and even continued some research. Again, working remotely appears to work rather well. No need to rush back.
3. Office based advice – some of these organisations (and we include law centres, community advice organisations, local services here) suffered a shock when they had to close their doors. The ones who had prepared ‘business continuity’ and invested in more modern ways of working transitioned quickly and relatively easily – phone services routed through VOIP and telephone advice lines, video calls with clients, online interaction between teams. The ones without up to date technology and communications infrastructure suffered and resorted to pay as you go mobile phones to keep things going. Clearly social distancing and the unwillingness of many people to travel mean cramped offices are not viable. But alternating teams each week (Team A work from the office in week one, Team B in week two etc) is a very practical response. The rest of the service operates with remote working. We’ll make a nod to courts here and the volunteers that support clients. It’s possible online but not so easy – Support Through Court provides an interesting use case in itself. Citizens Advice have good things to share.
4. Training including community based – location based group training had to stop. Organisations moved training online and with positive results (Law for Life’s housing course is a great example). Reach improved (delegates didn’t have to travel), takeup numbers improved, quality was sometimes enhanced by being able to share resources more widely. Costs came down after the initial investment. There were, and are, clearly exclusions (those without digital access and connectivity) but on the whole it’s been surprisingly good. There will be a return to community based training in groups but at a much lower level.
5. Drop in services – drop in stopped. Drop in won’t/can’t return the way it was. A random group of strangers congregating in a confined space isn’t even allowed in the pub anymore. But how about this? You turn up to an appointed space, book a session and return for a timed appointment. Ideally you would book online but the drop in revision supports those who can’t book online. This also supports community advice centres – those who can’t access online services can head to the front desk (with plexi glass screen for safety) and book a session.
6. Supervised advice (face to face or helpline) – this held up surprisingly well. Some organisations struggled but others were able to supervise trainees or volunteers, run three way video (or audio) calls (volunteer, supervisor and client) or simply supervise preparation via video call and leave the volunteer with the client. Some helplines were challenged but others adapted to reviewing call recordings or moving between ‘zoom rooms’. It will continue to work – it will have to – but there might be an argument for having banks of volunteers in an office space, supported by a supervisor who they can escalate to. Although that can also be done online.
7. Community referral networks – these really suffered. The absence of physical faith communities, of after school clubs, the lack of those tiny shop fronts or offices where people cram in had a serious effect on the face to face (often digitally excluded) accessing the first point of contact. Yet social prescribing (talking across the doorstep or over the fence) and mutual aid groups have managed to keep the grass roots going. The small community organisations need to return, we need the faith groups and after school clubs but let’s ensure we ringfence provision for those who can’t access support digitally. And let’s go looking for the ‘disappeared’ (those who were cut off overnight but are gradually returning now Starbucks and McDonalds free wifi is back).
8. Scheduled clinics – these have mostly adapted well. The old school face to face ‘turn up for an evening’ stopped almost overnight but online scheduling tools and video calls (Zoom or Microsoft Teams) enabled advice clients and their advisors to get together. The coordination has been more demanding but it’s worked. Shout out to University House who have been running remote advice (advisors in London, provision in South West England) for a while and kept running smoothly throughout the pandemic and to LawWorks for coordinating ideas and resource sharing throughout their clinics networks.
9. Online provision – if you were operating online before, there’s no need to change. You’ve probably acquired some new clients but just keep making your service better and ensure those that don’t need face to face physical support can use you. Citizens Advice resources (and data) have proved invaluable.

The other frame - not just how but why and impact

The other frame for this, beyond ‘going back to the office’, is to consider how what we do, and the decisions we make, impact six key areas:

• The quality of service
• The cost of provision (per user or output and overall)
• The effectiveness of the service
• The financial sustainability
• The outcome of provision
• The well being of staff and volunteers

In most cases, quality has held up, cost has come down (not always), effectiveness has varied (learning as we go), financial sustainability has been slightly challenged (not least by the legal aid system) and outcomes are still to be determined (we need more data).

But the caveat to all this (and why the well being of staff and volunteers is so fundamental) is that home working doesn’t work for everyone and it never has. If you have small children, if you’re at personal risk, if you just don’t have the environment conducive to effective working conditions (it might be cramped, noisy or poor connectivity), it’s always going to be hard. There is work to do to better support those who find working from home a challenge. Additionally, how are we providing the ad hoc learning and development opportunities (and ad hoc support) which worked well in office environments but hasn’t quite translated online – it will require a new way of managing and leading.

There’s more work to do to ensure clients have a safe space to talk to us if their own home isn’t a safe space. Those who are shielding won’t be able to come and visit you and don’t assume everyone wants to travel to see you anyway (or even travel to work be they staff or volunteer). We need to ensure we protect face to face physical service for those who absolutely need it and steer everyone else onto some form of technology and communication supported service.

Offices and community buildings aren’t quite a thing of the past but think about what you need and why and also what you could do when you’re saving the rent money. Focus on the outcome you want to have not just ‘we always did it like this’. Can we bring services together around the person, not keep moving the person between services? Is the future the 'minimum office' with lots of working from home?

Conclusion

So in conclusion, there aren’t too many different types of ‘life after lockdown return to the building’ propositions for the legal and advice sector. You probably fit into one or two of these so let’s learn from the organisations with the bright ideas who’ve tried it and build on those successes. It’s really not worth everyone reinventing the wheel.

But a final point. Just because we can doesn’t mean we should. We need to think about the why as well as the how in moving forward to providing outcomes for our clients and our staff and volunteers.

(We’re aware this article doesn’t solve the problem or collate all the case studies - http://www.lipnetwork.org.uk/noticeboard/message/1981 is a start - so we’re asking for that to happen and for the information to be shared. This is a call to action so who wants to help?)

Thank you to my colleagues on the Legal and Advice Sector Roundtable steering group for feedback and comments on this article.