Legal aid crisis demands action

The Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee has launched a call for views as part of its inquiry into civil legal aid. The committee has stated that the inquiry follows evidence already presented showing serious issues that make it difficult for people to access civil legal assistance.

The Law Society of Scotland has consistently raised concerns about the state of legal aid. Last month, it criticised a discussion paper and other limited measures announced by the Scottish Government, stating they do not reflect the urgency or scale of the crisis.

The Co-convener of the Law Society’s Legal Aid Committee, Pat Thom, said this Holyrood inquiry is a welcome chance to highlight the problems with civil legal aid, the unacceptable impact that is having on access to justice in Scotland, and what the potential solutions are to restore the system. Solicitors have been warning for years that Scotland’s legal aid system is under enormous pressure. In this civil context, vulnerable people are being forced to deal with traumatic legal situations across critical parts of their lives including their housing, relationships and work.

The Law Society is urging those with first-hand experience of civil legal aid to contribute to the inquiry, including solicitors, law centres and the growing number of individuals navigating legal challenges without expert advice.

Political attention from first the Scottish Government and now a Holyrood committee is a positive development. We need to quickly move beyond examining the problem to identifying and implementing solutions. Without action, solicitors will continue to turn away from civil legal aid work. Around a third of Scotland’s legal aid solicitors are approaching retirement age, and many younger solicitors cannot see legal aid work being part of their working lives.

The Law Society’s public campaign, Legal Aid Matters, continues to stress the need for urgent action to restore Scotland’s legal aid system. Supporters can sign the pledge to back the campaign and push for meaningful change.