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Legal aid in a changing world

Research into the reduction in civil legal aid applications in Scotland between 1992 and 2001.

About the research

This research was published in December 2001. The Board has been concerned to establish the reasons behind the significant decrease in the volume of applications for civil legal aid. Applications are currently at their lowest level in almost twenty years - 21,018 in 2000/2001. This is around 15,000 lower than their peak year of 1992/93. The Board undertook research to try to explain this change.

The research findings suggest that:

  • the fall in applications for civil legal aid is due primarily to external changes in the way dispute resolution is conducted, including a reduction in court business, particularly in family and matrimonial proceedings
  • although overall financial eligibility has changed little, the 1993 eligibility changes moved a substantial number of people from being eligible with no contribution into contributory eligibility. The level of contributions also increased. These changes did have a significant effect on the number of applications in the following two years. Even so, over the period from 1992/93 to 2000/01 as a whole, the impact of changes in eligibility is outweighed by that of external changes. In particular, the impact of changes in eligibility subsequent to those made in 1993 has been relatively minor.
  • overall numbers of solicitors' outlets - 1041 outlets in 2000/1 - are higher than in 1992, although there has been some reduction over the past three years. This, on the face of it, would not therefore explain a reduction in numbers of applications.

Nevertheless, the Board is concerned that the system can make access to civil legal aid more difficult for certain groups. The Board is continuing to improve the system to remove as many barriers as possible and it will undertake further research to identify potential problem areas.

A follow up research study, "Distribution of the supply of legal aid in Scotland" was published in December 2002. Find out more about this research.

Find out more
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