Reform of legal aid

The reform of legal aid is continuing to move forward. We are working with others to modernise the justice system and ensure that the legal aid system meets the needs of applicants, the profession and the courts.

Advice and assistance

In 2004-2005, together with the Law Society of Scotland and the Scottish Executive we undertook a review of civil advice and assistance. Following this, the Executive issued a consultation paper which set out proposals for reform of the system in the context of the Executive’s commitment to continue to modernise legal aid.

In 2005-2006, we began a phased implementation of the reforms. Solicitors’ fees were increased by 16%. The second phase of the reforms was implemented on 1 May 2007. It removed the minimum fee process for solicitors and introduce a ‘diagnostic interview’ stage. The final phase will make changes to financial eligibility.

Read about second phase of reforms to civil advice and assistance and other advice and assistance changes including new forms.

Civil legal aid

In October 2003, the most wide ranging reforms of civil legal aid for fifty years were introduced. The reforms brought in quality assurance and registration of firms, new case reporting requirements, increased fees and a new block fee payment structure for solicitors.

During 2005-2006, in conjunction with the Law Society of Scotland and the Scottish Executive, we monitored the impact of the reforms. We:

• reviewed and advised Ministers of suggested changes to the block fee structure
• continued to conduct a costing exercise to establish the actual increase in fees
• commissioned a survey of solicitors and their views of the reforms
• assessed the peer review process
• reviewed the new civil legal aid forms and issued revised forms and guidance.

In 2006 the Board launched a major project to simplify civil legal assistance for applicants, opponents, solicitors, the Board and the taxpayer.  The Board held over 17 focus groups with solicitors and carried out a survey with applicants and opponents to get views on how to improve the system for the benefit of all those involved.  Some changes have already been made, for example for applicants who pay towards the cost of their civil legal aid, the period over which they can pay has been extended to 48 months, which has improved access to justice.  The Board has also simplified the process for solicitors applying for increases in authorised expenditure in civil advice and assistance through the use of “template” applications which group stages of work together into one increase.  Many more changes are planned for the coming year. 

Fees paid to the legal profession are set by Scottish Ministers and the Scottish Parliament.  During the last year, the Board proposed changes to the civil legal aid block fee system, which were introduced by the Scottish Government in February 2007.  These changes increase the amount solicitors are paid in certain types of case such as family cases, and are expected to be worth around £1 million a year to civil legal aid solicitors.  Further changes are also being considered.  Towards the end of 2006-2007, Scottish Ministers asked Scottish Government officials and the Board to carry out a review of the fee levels for civil legal aid.  Work on this review is nearing completion and a report will be made to Scottish Ministers. 

Read more about:

• the latest mailing on civil legal assistance simplification and fees changes
  
  
• changes made in 2006 with the introduction of new forms
  
  
• the report to Ministers on civil legal aid reform and the associated appendices.
• You can also read the summary or the full research study carried out by MORI - "Solicitors' Views on the Impact of the Civil Legal Aid Reform"
• If you wish to request printed copies of these or have any queries please contact our Communications Department by email.
  

Criminal legal assistance

A number of reforms to criminal legal assistance are underway, and further changes are expected in 2007 and 2008

With the Scottish Government and other justice organisations, the Board developed proposals for the summary criminal legal assistance system to support the new summary justice process.  A consultation on these proposals was issued in October 2007 - read more.