Legal aid reforms must ‘rise to the challenge’, lawyers tell ministers
The Law Society of Scotland said the start of a consultation on legislation to reform the system was an ‘enormously important moment’.
Scottish Government plans to reform the legal aid system “must rise to the challenge”, lawyers have said.
With the current system of helping people with legal advice and representation described as being “fiendishly complex and confusing to navigate”, the Law Society of Scotland welcomed a new consultation by ministers ahead of legislation.
The Government plans a Legal Aid (Scotland) Bill in a bid to make the system simpler and more modern.
It is hoped that by simplifying processes and reducing duplication, decisions on legal aid could be made more quickly.
About 170,000 grants of legal aid are made each year, with spending amounting to £169 million in 2024-25 – the highest amount ever.
Minister for victims and community safety, Kirsten Oswald, said the planned reforms were “about building a legal aid system that works better for the people who rely on it and the professionals who deliver it”.
Serena Sutherland, president of the Law Society of Scotland, hailed the start of the consultation – which runs until October 13 – was an “an enormously important moment for access to justice in Scotland”.
Ms Sutherland said: “The Government’s decision to prioritise reform so early in this new parliamentary session is an acknowledgement of the Law Society’s long-term efforts seeking action to address the legal aid crisis.”
She added: “The problems in legal aid are deep-rooted and long-standing. The current arrangements make it unsustainable for many solicitors to provide legal aid funded advice to people who need their help.
“The system itself is fiendishly complex and confusing to navigate, creating unnecessary cost and bureaucracy.
“These legal aid reforms must rise to the challenge, recognising Scotland’s access to justice crisis and providing solutions that are equivalent in scale.
“The current system is failing vulnerable people and the solicitors who sit at the heart of the legal aid system.”
She said the society would “engage constructively” with the Scottish Government, the Scottish Legal Aid Board and others in a bid to “ensure Scotland has a legal aid system that is fit for the 21st century”.
Ms Oswald said that the proposed reforms “build on work already underway and align with our wider programme of public service reform, focusing on efficiency, value for money and improved outcomes through more streamlined and effective services”.
The minister continued: “This consultation marks an important step in shaping the future of legal aid informed by the experience of those who rely on the system and the expertise of those who deliver it. I encourage all those with an interest to share their views.
“Together, we can build a legal aid system that is fairer, more accessible and fit for the future.”