Friday 26 October 2001

More people will be able to access justice as a result of two significant changes to civil legal aid, proposed by the Scottish Legal Aid Board and announced today by Deputy Justice Minister Iain Gray. The changes are to contributions and special urgency cases.

The change to contributions will introduce three improvements:

• the Board will shortly introduce a new 20 month payment period for contributions in all civil cases
  

• where solicitors can accurately estimate the costs of a case, the Board will initially restrict contributions to this estimate
  

• the Board will also provide better information to legal aid applicants about contributions.

The second significant change will tackle a major area of concern on cases of special urgency, where payment by instalment to the Board will end the current practise of the "notional" contribution being paid up-front to the solicitor. In many civil legal aid cases urgent court work is required before the grant of legal aid is made. Many people are asked to pay a lump sum to the solicitor at this stage but are unable to do so and so they cannot go ahead with their legal action. In future applicants will be able to pay the contribution directly to the Board in instalments. This will be particularly significant to certain vulnerable groups such as victims of domestic violence.

Jean Couper, Chairman of the Scottish Legal Aid Board said:
"We are delighted that Ministers have agreed to the Board's proposals to improve access to justice so that more people will be benefit from legal aid. The monthly contribution payment will be reduced to a more affordable level and enable a greater number of applicants to accept their offer of civil legal aid. We believe the changes to cases of special urgency will be particularly welcomed; more people most in need of access to justice will now be able to use their legal rights.

"We have been concerned about the number of civil legal aid offers that are refused. Last year, after we extended the payment period for contributions over £500 to 15 or 20 months, the number of refusals after offer of legal aid reduced. However, most contributions are for amounts under £500 and the refusal rate at this level had increased. We conducted two research studies which found many people had difficulty paying the size of contribution and that they may have taken up their offer had a longer payment period been possible."

The research carried out by the Board indicated that these changes to contributions and special urgency will effect:

• over 2000 of the people each year who pay a contribution would be able to pay this over a longer term

• about 2500 people each year who would be involved in urgency cases could pay their contribution in instalments to the Board, rather than 'upfront' to their solicitor.

The changes were announced today by Iain Gray, Deputy Minister for Justice at the Law Society of Scotland's Legal Aid Conference, held in Clydebank over two days.

Ends

Journalists please contact: Colin Sim tel 0131 226 7061, m 0796 8005881, simco@slab.org.uk

Notes to editors

1. In 2000/2001 there were 13,577 grants of civil legal aid with three-quarters of these being on family/ matrimonial proceedings. Gross expenditure on civil legal aid was £28.8 million. The amounts paid back to the Board by assisted persons and opponents was £9.3 million, which means that the net cost to the taxpayer for civil legal aid was £19.5 million. One fifth of civil legal aid grants were with a contribution payable (2,797 grants). Where a contribution was payable, the average value was £777.

2. Contributions - About a fifth of people who are granted civil legal aid are required to make a contribution towards the cost, based on 1/3 of their disposable income. Until July last year, this was payable in instalments over 10 months; since then, contributions over £500 have been payable over 15 months and those over £1200, over 20 months.

3. Special urgency - At present, solicitors can carry out specified very urgent work and then formally seek the Board's approval to full civil legal aid afterwards. Sometimes the Board refuses to grant civil legal aid: but it does still have discretion under a Determination under the Legal Aid (Scotland) Act 1986 to pay solicitors for the urgent work carried out. However, it is necessary for the solicitor first to seek recovery of his/her costs from any notional contribution that might have been due. Only if this is insufficient will the Board reimburse the solicitor. In practice therefore, the solicitors may often seek the potential contribution "up front" from the client to reduce the risk of non-payment. These applicants will now be able to pay the contribution in instalments over 20 months to the Board.
   
   Legal aid allows people who would not otherwise be able to afford it to have the help of a solicitor, and in some circumstances an advocate, for their legal problems. To receive legal aid, applicants must consult a solicitor who will help them complete an application. The Board itself does not provide a legal aid service - it pays solicitors and advocates to do this.
   

4. The Scottish Legal Aid Board is responsible for managing legal aid in Scotland. It is a non-departmental public body set up under the Legal Aid (Scotland) Act 1986. Twelve Board members including the Chairman, appointed by Scottish Ministers, currently oversee the work.
   
   The Board's mission is to develop and deliver appropriate access to quality legal assistance for those eligible, in a cost-effective manner. The Board's main tasks are to consider and then grant or refuse applications for legal aid; to scrutinise accounts and pay solicitors and advocates for the legal aid work they do and to advise Scottish Ministers on legal aid matters.

5. In 2000/2001 425,281 advice and assistance and legal aid applications were granted and the total gross expenditure on legal aid was £130.5 million.