Overview
During our audit, we found that the Massachusetts Legal Assistance Corporation (MLAC) conducted only one peer review per year during the audit period of a legal aid organization (LAO) for which it provided grant support. By not performing multiple peer reviews per year, MLAC cannot ensure that the resources provided to the LAOs are used in the most effective and efficient manner.
Authoritative Guidance
MLAC’s “Monitoring Process” document states, “MLAC monitors several of its sixteen grantees each year. MLAC’s goals for the monitoring process are: 1) To show that the organizations have met a particular level of quality and quantity of services and, 2) To improve the substantive work of organizations.”
Reasons for Issue
MLAC stated that it only conducted one peer review each year during our audit period because of the 2019 coronavirus (COVID-19) pandemic.
Recommendation
We understand there may have been potential challenges associated with the COVID-19 pandemic. Moving forward, MLAC should perform several peer reviews of LAOs each year to help ensure accountability.
Auditee’s Response
MLAC’s peer review process utilizes attorneys (generally legal aid attorneys who have served as executive directors or in positions in upper management and have retired and now serve as consultants) and subject matter experts to conduct peer reviews.
For the past five years it has become increasingly difficult to recruit qualified peer reviewers as legal aid attorneys retire or reduce their consulting workloads. This challenge was significantly exacerbated by the pandemic making it very difficult for MLAC to identify individuals available to serve as peer reviewers and assemble an adequate peer review team. In addition, unusual circumstances disrupted and delayed the usual flow of the peer review process. For example, some executive directors of the legal aid organizations scheduled to be peer reviewed were transitioning out or retiring; one organization experienced a cyber breach; and in some instances, health issues compromised the availability of both legal aid organization staff and peer reviewers. In instances like these the peer reviews had to be significantly delayed or rescheduled to a subsequent year. Additionally, when any peer review needs to be rescheduled or extended it throws the entire peer review schedule and process off. Any changes to the schedule impact and cause strain to the other MLAC departments which provide data, information, and other needed input for each peer review.
Peer reviews in [fiscal years 2020 and 2021] were heavily impacted due to the pandemic in addition to other significant unexpected factors as noted above. MLAC is now back on track with its peer review schedule. The [fiscal year 2022] peer review schedule included six organizations. In [fiscal year 2023] four organizations are being peer reviewed. In [fiscal year 2024] five organizations are scheduled to be peer reviewed.
Auditor’s Reply
Based on its response, MLAC is taking measures to address our concerns on this matter.
| Date published: | June 16, 2023 |
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