Farmer Review

Farmer Review
Name	Farmer Review
Author	Sir Mike Farmer
Year	2016
Jurisdiction	United Kingdom
Published	2016
Subject	Procurement and commissioning of legal services

Farmer Review is a 2016 independent report led by Sir Mike Farmer addressing the procurement and commissioning of legal services in the United Kingdom. Commissioned by the UK Ministry of Justice, it examined relationships among law firms, local authorities, courts, and regulatory bodies to recommend reforms intended to achieve efficiency, quality, and value in publicly funded legal work. The review intersects with debates involving the Legal Services Act 2007, Crown Prosecution Service, Her Majesty's Courts and Tribunals Service, and practitioners across the Bar Council and Law Society of England and Wales.

Background and Purpose

The review was initiated amid concerns about cost, access, and quality in publicly funded civil and family legal services after high-profile changes such as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and budgetary pressures on Ministry of Justice (United Kingdom). Sir Mike Farmer, a former managing partner of Linklaters and a non-executive director at Department for Transport (United Kingdom), was appointed to conduct an independent examination of commissioning practices used by local authorities, central government departments, and arms-length bodies including Cafcass and HM Courts & Tribunals Service. The review aimed to align procurement with objectives set by the Cabinet Office, the Competition and Markets Authority, and standards promoted by the Solicitors Regulation Authority and Bar Standards Board.

Key Recommendations

The report proposed a series of measures to improve market structure, procurement transparency, and supplier capability. It recommended consolidating commissioning across local and national bodies to create regional frameworks akin to models used by NHS England and Ministry of Defence (United Kingdom) procurement, encouraging software-driven case management comparable to systems from Xledger and enterprise solutions used by HM Revenue and Customs. Farmer urged adoption of outcomes-focused contracts reflecting principles in the Public Services (Social Value) Act 2012, promoted increased collaboration between in-house legal teams and private practices similar to arrangements seen between BBC legal departments and external counsel, and suggested professional development standards echoing initiatives by the Institute of Legal Executives and Chartered Institute of Legal Executives.

The review called for better data collection and market intelligence, recommending the creation of benchmarking tools modelled on the Ministry of Justice Transparency Data and the National Audit Office's approaches, and encouraged regulators such as the Legal Services Board to support market oversight while preserving independence of the Judiciary of England and Wales.

Implementation and Impact

Following publication, several central and local bodies referenced the report when revising commissioning strategies, with pilot procurement frameworks established in regions where entities like London Borough of Lambeth, Greater Manchester Combined Authority, and county councils coordinated legal service buying. Some NHS trusts and charities including Citizens Advice examined cross-sector procurement lessons to manage litigation and dispute resolution costs. The Law Society of England and Wales and the Bar Council issued guidance aligning practitioner practice with procurement expectations, and the Crown Prosecution Service adjusted supplier panels to incorporate aspects of capability assessment recommended by Farmer.

Quantitative impacts included shifts in contract sizes and more emphasis on case outcomes in tender evaluation criteria; however, the pace and scale of implementation varied across agencies such as HM Land Registry and local authorities. Technology adoption accelerated in some firms influenced by market signals tied to the review, with boutique practices and large firms like Allen & Overy and Freshfields Bruckhaus Deringer adapting bid strategies to new commissioning norms.

Reception and Criticism

The report was welcomed by many procurement specialists, selected local authorities, and national agencies for its pragmatic diagnosis and cross-sector comparisons referencing bodies such as NHS Improvement and the National Audit Office. The Law Society of England and Wales praised emphasis on quality and training, while some private firms and in-house teams highlighted the potential for improved commercial clarity.

Critics included trade unions representing legal aid practitioners and campaign groups concerned about access to justice, who argued the recommendations risked further market concentration favoring national firms like RPC and DLA Piper over smaller regulated community firms and local chambers represented by the Bar Council. Legal academics and commentators at institutions such as Birkbeck, University of London and University College London questioned data sufficiency for some conclusions, and civil society organisations including Justice pressed for stronger safeguards to protect the independence of advice providers and vulnerable clients. Concerns were raised that outcome-based contracting could mirror contested models from Australian legal aid reforms and certain United States managed care experiments, prompting debate over measurement and incentives.

Legacy and Subsequent Developments

The Farmer-led recommendations influenced later procurement policy discussions and informed elements of central government guidance on legal service buying. Subsequent initiatives by the Crown Commercial Service and conversations within the Cabinet Office and Ministry of Justice (United Kingdom) integrated aspects of regional commissioning, benchmarking, and supplier development. Ongoing work by the Legal Services Board and regulators on market oversight reflected themes from the review, while academic and policy research at think tanks such as Institute for Government and Reform continued to assess effects on access to justice and market structure.

Debates sparked by the report contributed to legislative and administrative reviews concerning legal aid frameworks and public procurement, influencing later inquiries and reforms linked to the Legal Aid Act discourse and cross-sector procurement practices in the late 2010s and early 2020s. Category:United Kingdom legal reports