Legal Aid Crisis Deepens, SLAB Report Shows

The 2023-24 annual report by the Scottish Legal Aid Board (SLAB) has unveiled critical issues facing Scotland’s legal aid system, indicating an escalating crisis due to declining solicitor numbers and stagnant funding.

The newly released data reveals that legal aid funding continues to fall behind inflation, reducing real earnings for solicitors who provide essential legal services to those in need. This funding gap has led to an increasing shortage of solicitors willing to work in legal aid, making it difficult to meet the growing demand for assistance.

According to the SLAB report, the number of cases supported by legal aid funding has dropped to 134,900, a 1% decline from the previous year. This trend is part of a larger pattern, with a 29% decrease from 191,256 cases in 2016-17. Meanwhile, the total cost of legal assistance grew by 12% over the last year to £151.2 million; however, this increase is still only an 11% rise over 2016-17 figures, representing a £25 million shortfall when adjusted for inflation.

The data also showed that fewer law firms are participating in the legal aid scheme, with just 596 firms submitting legal aid applications in 2023-24, down from 621 the previous year.

Ian Moir, Co-convener of the Law Society’s Legal Aid Committee, voiced his concerns over these troubling trends: “The figures in this annual report show the long-term deterioration in Scotland’s legal aid system is continuing. Read in context, the only conclusion that can be drawn is that this crisis is getting worse, not better."

Moir noted that, despite a higher caseload in Scottish courts, the reduction in legal aid cases likely reflects a shortage of available solicitors, not a decrease in those requiring legal assistance. He called for an immediate, multifaceted response from policymakers, stating, “Significant investment is urgently required, and every day of delay makes it harder to reverse this decline. The Law Society of Scotland remains ready to work with the Scottish Government to identify and make the changes required.”

As a step toward revitalisation, Moir highlighted the importance of not only short-term funding solutions but also long-term strategies to make legal aid work attractive to young solicitors: “We need short-term and long-term action, to meet demand now and in the future. More needs to be done to attract young solicitors to work in this vital sector, and far more needs to be done to ensure that legal aid is a viable long-term career.”

The Law Society of Scotland has emphasised its readiness to collaborate with the Scottish Government to address these issues, urging swift action to prevent further decline and ensure that vulnerable individuals in Scotland continue to receive the legal support they require.