Colin Lancaster

SLAB is one of a number of organisations to give evidence to the Equalities, Human Rights and Civil Justice (EHRCJ) Committee at its inquiry into the current civil legal aid system.

It has heard that there can be significant barriers to accessing civil legal assistance for some clients, including difficulties finding a solicitor, and that some are excluded by the current rules around eligibility.

We have no argument with those who have described in compelling detail how the system isn’t working for some of our most vulnerable citizens – or the legal professionals trying to help them. We strongly agree that change is needed.

The current system delivers vital services to tens of thousands annually, remains one of the best judicare systems in the world in terms of scope, eligibility and funding – and is almost unique in still having an uncapped budget.

It continues to do its best to adapt to modern challenges, but it remains rooted in a post-war framework that is no longer fit for all modern purposes. A system of this type cannot be all things to all people.

It is inherently complex, difficult to navigate (for clients and professionals alike), and lacks mechanisms to ensure equitable access to services across Scotland.
There is no mechanism for connecting those in need with the solicitors or advice agencies best placed to help them – and indeed no guarantee that anyone will have capacity to help at all.

With legal aid expenditure projected to exceed £170 million this year – its highest ever level – it is increasingly important that scarce resources are used as effectively and efficiently as possible to maintain and improve access to justice for those who need it most.

As we told the committee, there are undoubtedly some improvements that can be made in the short-term.

But while incremental change may deliver incremental improvement, what is needed is transformation.

In our evidence, we outlined a series of strategic proposals (listed below) aimed at creating a more responsive, equitable, and sustainable legal aid system.

Scotland needs a more proactive and strategic approach, with a different set of tools to target resources and design services with specific needs and clear outcomes in mind.

That’s why we back the government’s vision of a mixed model, where we can work with partners to identify challenges and agree the best ways of addressing them - and then go out and do so.

Our submission to the committee supports the Scottish government’s three-stage approach to reform, which includes immediate regulatory changes, a review of legal aid fees, and new primary legislation.

The committee’s inquiry presents an opportunity for the Parliament to embrace a new vision for legal aid—one that is planned, evidence-based, and capable of delivering consistent, high-quality services across Scotland.

Seven years on from the Evans Review, stakeholders expect and want change. We are unable to achieve this without transformative legislation.

Strategic proposals for reform:

We have outlined a series of strategic proposals aimed at creating a more responsive, equitable, and sustainable legal aid system:

1. New primary legislation: a new legislative framework would enable better planning, governance, and service delivery, allowing the system to respond to changing needs and priorities.
2. Simplification and standardisation: in the short term, introduction of block fees for AWI cases and use of standardised personal allowances in financial eligibility assessments to reduce administrative burdens and improve clarity for applicants and providers.
3. Improved financial eligibility: review of financial eligibility thresholds, particularly for Advice and Assistance. Eligibility for civil legal aid has declined from 70 per cent to 56 per cent of the population, with A&A eligibility now at just 30 per cent.
4. Targeted grant funding: an effective means of addressing unmet needs, particularly through programmes like the Early Resolution and Advice Programme (ERAP) and partnerships with organisations such as Scottish Women’s Aid. However, short-term funding cycles and flat budgets hinder long-term planning and service continuity.
5. Enhanced service delivery models: expanding the Civil Legal Assistance Office (CLAO) and replicating successful referral models, such as the Scottish Women’s Aid National Referral Project, to improve access in underserved areas and for vulnerable groups.
6. Data-driven planning: a system-wide approach to data collection and analysis to better understand legal need, track service availability, and inform strategic planning. Mechanisms to assess and manage system capacity, including referral systems and prioritised waiting lists.
7. Legal aid fee reform: while acknowledging recent fee increases, remuneration alone cannot resolve deeper issues around recruitment, retention, and sustainability. Support for the Scottish government’s plan to develop a fee review mechanism by summer 2025, along with collaborative research into the cost of service delivery and workforce challenges.