Discussion Paper on Further Reforms to Legal Aid
Reforms to legal aid have been set out to make the system simpler and easier for both solicitors and those who need legal assistance – along with longer-term proposals for funding and improving the delivery of services.
Actions set out in a discussion paper will simplify the funding system and build on recent improvements to reduce the amount of information needed during the application process.
Regulations will be brought forward by the end of this year to remove the eligibility tests for children in all cases before a Children’s Hearing. Improvements will also be made to the fee structure for serious criminal cases, which will better reward the work needed to resolve cases in advance of a potential jury trial.
Legal aid funding has increased by 25% in the five years since 2019, with expenditure last year of £151 million, which met all approved application costs. A further £14.2 million has been approved in the Budget next year to meet rising costs.
Research will also be commissioned to inform a review of current legal aid fee levels. This will help with the development of a regular fee assessment mechanism to ensure a fair and sustainable system of payments and fees.
In addition, a longer-term programme of work will begin with stakeholders, including law firms, third sector organisations and service users, to consider more fundamental changes to the structure, funding and delivery of legal assistance to build a system that is fit for the future. This will inform the development of future legislation.
We have set out reforms to improve the legal aid system in Scotland.
— ScotGov Justice (@ScotGovJustice) February 27, 2025
The changes will benefit both solicitors and those who need legal assistance.
Read more: https://t.co/49fsahcvDd pic.twitter.com/5vao0Ztq5M
Scotland has one of the most comprehensive legal aid systems in Europe that provides an uncapped, open-ended and demand-led approach to legal assistance.
MINISTER FOR VICTIMS & COMMUNITY SAFETY, SIOBHIAN BROWN
Legal professionals across the country work hard to deliver legal aid and I recognise that further reforms are needed to ensure Scotland has a modern and responsive system where services can continue to be provided as efficiently as possible, where and when they are needed.
We will take immediate action to further streamline and improve the application process, reducing the burden on both solicitors and those who need legal services so funding is provided as quickly and easily as possible.
A review of legal aid fees will help develop regular assessments to ensure the system remains fair and sustainable. Longer-term we will consider with stakeholders what more fundamental changes can be made to best develop a legal assistance system fit for the future.
I look forward to engaging and discussing these proposals with law firms, third sector organisations and, crucially, service users themselves so legal aid continues to best serve those who use and need it.
In the Journal, our Chair William Moyes says legal aid supports an extensive network of committed providers to deliver help to thousands across Scotland – but that does not mean all needs are being met, or that the system operates as smoothly as it could https://t.co/ov7vjoR7VL
— SLAB (@ScotsLegalAid) January 20, 2025
This paper is an important next step in the journey to redesign the legal aid system to meet the needs of the people of Scotland for decades to come.
BILL MOYES, CHAIR OF SCOTTISH LEGAL AID BOARD
“We will be working with the Scottish Government, the legal profession and advice sector in 2025 and beyond to help make the vision set out in the paper a reality.
Background
The Scottish Government’s legal aid reform discussion paper
The legal aid system provides publicly funded legal advice and representation in court for those most in need.
Recent improvements in the legal aid application process to reduce the need for information during the application process include the increased use of block fees and a simpler online application process.
The above reforms are in addition to the announcement made by the Cabinet Secretary for Justice and Home Affairs on 23 January 2025 that free, non means tested legal aid support will be provided for bereaved families participating in deaths in custody Fatal Accident Inquiries.
