by Annamaria De Felice
The Scottish legal aid system needs urgent reform to ensure fair access to justice, especially for those living in poverty, rural areas, and those facing human rights violations. This is the conclusion of the latest brief we produced alongside Human Rights Consortium Scotland (HRCS) and Environmental Rights Centre Scotland (ERCS).
The brief highlights several key issues within the current system:
- Shortage of civil legal aid solicitors: There are too few solicitors available for civil legal aid cases, particularly in rural areas and specialised legal fields.
- Low fee rates: Legal aid payments are insufficient to cover the actual costs of legal work, making it financially unsustainable for solicitors. This discourages them from taking on legal aid cases, further reducing available support.
- Restrictive rules and limited coverage: The criteria for what qualifies as chargeable work under legal aid are very restrictive. Many essential tasks are not covered, leaving significant gaps in the support that legal aid can provide.
- Inadequate funding: The system is underfunded, meaning that much essential work on cases is not paid for, undervaluing the services provided by solicitors.
- Access to justice: The combined issues of solicitor shortages and low fees limit access to legal advice and representation, particularly for those in poverty and rural areas. This results in many individuals facing serious human rights violations without the means to seek justice.
- Lack of government action: Despite numerous consultations and commitments, there has been no significant action toward the necessary reforms. Urgent action and substantial investment are required to create a legal aid system that truly provides access to justice.
The importance of legal aid in Scotland
Legal aid is crucial for upholding human rights and ensuring that remedies are accessible, affordable, timely, and effective. Without sufficient legal aid, many individuals, especially the most marginalized, cannot obtain the justice they deserve.
International conventions, such as the UNECE Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (the Aarhus Convention), stress the need for increased access to legal aid so that:
- People have the right to participate in environmental decision-making and access justice in environmental matters.
- Everyone, regardless of their financial situation, can participate in decision-making and seek legal remedies for environmental rights violations.
Scotland’s legal aid system is currently failing to provide fair and affordable access to justice.
We, alongside HRCS and ERCS, are calling on the Scottish Government to urgently reform the legal aid system, setting out the actions they will take in the Programme for Government 2024.
Useful resources
- Read our Legal Aid brief
- Our Access To Justice campaign
- Read more about Making Human Rights Justice a Reality Report
