Pat Thom

Earlier this week, a new report from Stirling District Citizens Advice Bureau (CAB) raised concerns about local legal aid provision in areas of law including benefits, discrimination, housing, mental health and education.

The charity has called for the establishment of a local CLAO as well as for a law clinic to be set up at Stirling University on a pilot basis.

The Scottish government’s victims minister said she accepted that there are “challenges in certain locations”.

However, both practitioners and the Scottish Legal Aid Board (SLAB) have played down the impact the proposed measures would have in the absence of root-and-branch reform of civil legal aid.

Pat Thom, co-convener of the Law Society’s legal aid committee, said: “We warned a Scottish parliamentary inquiry just last month that action is urgently required as legal aid deserts are continuing to grow, and this report from the Stirling District Citizens Advice Bureau reinforces this concerning reality.

“The Citizens Advice Bureau is right to emphasise the human impact of these deserts, as people are unable to access the expertise they need to navigate traumatic legal matters related to their housing, work and personal relationships.”

She continued: “CAB’s call for increased legal aid funding is welcome, but we are concerned at other proposals that would not address the reasons why these deserts exist. CLAOs and law clinics are not substitutes for a properly functioning legal aid system.

“Inadequate fees and unnecessarily onerous administrative processes have caused this crisis, and it is only in addressing these core problems that the legal aid system can be restored to provide the legal advice people need.”

A spokesperson for the Scottish Legal Aid Board said: “Every year legal aid helps many people with civil problems and legal aid expenditure is on track to be over £170 million for 2024-25 – its highest ever level.

“Our analysis shows that while people do continue to access civil solicitors based in the Forth Valley there are increasing numbers using solicitors in other parts of Scotland, in line with the national trend.

“There is no doubt that some of those seeking and providing civil legal assistance face challenges and we continue to call for significant reform of the legal aid system.

“This ideally will be delivered through primary legislative change to allow for a more interventionist system to give the Scottish government a different set of tools to target resources.”

They added: “Our response to the Scottish government’s consultation on the legal aid review set out a range of approaches that could, in time, better link supply and demand, provide greater assurance about the ongoing availability of the full range of services and enable targeted action to be taken at a local level should evidence emerge of supply problems.

“In the meantime, there are a range of short-term proposals included in the Scottish government’s discussion paper and discussed with stakeholders, with options for regulation changes that could be made in the remainder of this Parliament as part of a rolling programme of improvements.

“These include measures aimed at improving accessibility by introducing standard personal allowances to the financial eligibility test to better reflect household circumstances and reduce administrative burdens.

“We look forward to working with the Scottish government, the legal profession and other stakeholders to provide better tools to target interventions to support access to justice in specific areas or for certain types of cases.”

Victims Minister Siobhian Brown said: “I recognise that improvement is needed to legal aid and that there are challenges in certain locations.

“That is why I have announced action to reform the system so it is simpler for solicitors and those who need legal assistance, along with longer-term proposals for funding and improving the delivery of services. This includes a review of legal aid fees that will help develop regular assessments to ensure the system remains fair and sustainable and delivers for the public purse.

“Legal aid funding allows solicitors to deliver their services to people all around the country and these services can also be delivered remotely. The number of legal aid solicitors can fluctuate for a variety of reasons and the issue of solicitor availability is being explored by the Scottish Legal Aid Board. We want to improve that position and attract more people into the profession.

“Despite extremely challenging financial circumstances, the Scottish government continues to meet all legal aid costs in full, with expenditure last year expected to be around £170 million. A further £14.2 million has been approved in this year’s Budget to meet continuing rising costs.”