Scottish government pauses proposed AWI changes
The Scottish government is pausing the Scottish Legal Aid Board’s proposed changes to legal aid for adults with legal incapacity (AWI) cases, following an intervention by Govan Law Centre.
Last month, GLC wrote to the Holyrood’s Delegated Powers and Law Reform Committee to recommend rejection of a draft Scottish statutory instrument that would have effectively restricted the civil legal aid available for guardianship cases for adults with legal incapacity.
Victims minister Siobhian Brown, who announced the U-turn, said: “Following careful consideration of stakeholder feedback, I have taken the decision to pause the proposal for Civil regulations that sought to replace detailed fees with block fees for adults with incapacity cases. Listening to stakeholders and acting on their views is essential if we are to deliver legal aid reform that works.
“This feedback makes clear that any changes to AWI fees must align with AWI law reform. Taking bold decisions now will ensure that reform is coherent, sustainable, and delivers real improvements for users, solicitors and the wider legal system. As an example of cross-government working, any further changes on AWI will be critical to the success of wider public service reform.
“I greatly value your engagement on this issue and the constructive feedback we received on the Children’s and Criminal proposed regulations will continue to progress.”
GLC’s senior solicitor, Laura Simpson, said: “At Govan Law Centre we wholeheartedly support the much-needed reform of Legal Aid where that will improve the current crisis in access to justice facing both the public and legal profession.
“However, we raised serious concerns that, if passed, this proposal would have had the opposite effect and led to unintended negative consequences for some of the most vulnerable members of our society.
“We are therefore extremely glad to hear that the Scottish government have taken on board our concerns, along with the other consultation responses in respect of this proposal, and so have taken the decision to pause it for the time-being.”


