https://www.slab.org.uk/news/transformational-reform-required-to-secure-future-of-legal-aid-in-scotland/
https://www.slab.org.uk/news/transformational-reform-required-to-secure-future-of-legal-aid-in-scotland/
28 May 2025
A vision for a modern, sustainable, and person-centred legal aid system that meets the needs of 21st-century Scotland has been made by the Scottish Legal Aid Board (SLAB) to the Equalities, Human Rights and Civil Justice (EHRCJ) Committee.
Chief Executive Colin Lancaster and Director of Strategic Development, Marie-Louise Fox, were giving evidence to the EHRCJ Committee on Tuesday 27 May 2025.
The Committee is taking evidence to understand what is and isn’t working within the current civil legal aid system. It is also looking at what changes could be made in the short and longer term to address access issues.
It has heard that there can be significant barriers to accessing civil legal assistance for some clients, and that the current rules around eligibility can exclude some types of action.
Through a mix of evidence, data and questioning at the Committee session at Holyrood we have made the case for the transformational reform of Scotland’s civil legal aid system.
Our response supports the Scottish Government’s three-stage approach to reform, which includes immediate regulatory changes, a review of legal aid fees, and long-term legislative transformation.
We are clear that while the current system delivers vital services to tens of thousands annually, it remains rooted in a post-war framework that is no longer fit for all modern purposes.
The Committee’s inquiry provides a valuable opportunity to explore the data and evidence, hear from those with experience of providing or using services supported by civil legal assistance and build consensus for change.
Colin Lancaster said SLAB continues to call for transformational reform of the current legal aid system which would ideally be delivered through primary legislative change.
He said a more interventionist system is required that gives the Scottish Government a different set of tools to target resources.
During the evidence session Colin said: “The legal aid system has never been designed as a public service, to be accessible, to be directed towards particular user needs, to be transparent and to have any guaranteed level of service – but that is the inherent problem with a judicare system.
“We [SLAB] can observe and understand problems but the system as it stands gives precious few opportunities to actually act upon these concerns or respond to those challenges.
“That’s why we have consistently called for – and are pleased to see it reflected in the government’s paper – that idea of that mixed model, where, rather than studying problems we are then able to go out and solve those problems.
“The judicare system does not have the levers to allow those problems to be solved.”
In our response to the Scottish Government’s consultation on the legal aid review we set out a range of approaches that could, in time, better link supply and demand, provide greater assurance about the ongoing availability of the full range of services and enable targeted action to be taken at a local level should evidence emerge of supply problems.
For legal aid to move closer to a public service model it needs consistency of service across geography and in terms of quality that does not vary over time, except in line with an agreed and managed change process.
This requires governance structures that are accountable, transparent, cost-effective, streamlined and efficient; and a whole system approach, involving cooperation and collaboration where possible across boundaries to achieve stated outcomes.
Our data shows that the legal aid system has evolved over time, with increasing demand in areas such as mental health, immigration, asylum, and adults with incapacity.
However, the system is struggling to adapt to modern challenges. The current model is complex, difficult to navigate, and lacks mechanisms to ensure equitable access to services across Scotland.
“There is no mechanism for connecting those in need with solicitors or advice agencies that can help them,” said Colin Lancaster. “Nor is there any guarantee that services with sufficient resources will be available to provide help.”
Our data reveals significant shifts in the types of cases supported by civil legal aid. Adults with incapacity cases now account for nearly half of all grants, up from just 2% two decades ago.
Meanwhile, family law cases have declined, and legal aid work has become increasingly concentrated among a smaller group of specialist solicitors.
Despite perceptions of decline, the system has not collapsed but has changed in focus.
However, without reform, the system cannot meet modern expectations for accessibility, transparency, and reliability.
With legal aid expenditure projected to exceed £170 million this year, there is an increasing importance in ensuring value for money while maintaining access to justice for those who need it most.
As we said in our EHRCJ submission, incremental change may deliver incremental improvement, but what is needed is transformation.
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,” said Colin Lancaster. “We are unable to achieve this without legislation.”
We have outlined a series of strategic proposals aimed at creating a more responsive, equitable, and sustainable legal aid system:
The evidence session is available to view on the Scottish Parliament’s website.