MSPs on Holyrood’s Equalities, Human Rights and Civil Justice Committee have voiced their alarm at the extent of “legal aid deserts” in Scotland, which are significantly impacting on people’s access to justice.
The Committee has been exploring civil legal assistance, commonly known as legal aid, in response to concerns raised about access to justice. Legal aid deserts can refer to geographical areas, or elements of law, where there is a lack of legal practitioners available.
During the inquiry the Committee heard of the challenges that people had in finding a legal aid solicitor, with some organisations making 50, or more, phone calls, or individuals needing to travel hundreds of miles to access a solicitor who can provide civil legal assistance.
Low fees for legal aid work and administrative complexity are identified as the key drivers behind the shortage of practitioners. The Committee’s report calls for the Scottish Government to take action to improve the situation immediately.
Reform of the legal aid system has been proposed for several years. An independent review of legal aid in 2018 called for reform to ensure greater focus on the needs of clients and simplification of rules.
However, despite committing to bringing forward legislation, the Scottish Government has not introduced a Bill to reform legal aid in the current parliamentary session. The Committee finds this highly unsatisfactory, given the overwhelming calls for change.
The report also recognises that eligibility is a key issue in access to legal aid. The Committee heard that many people who cannot afford to pay privately for a solicitor are unable to claim legal aid due to rules around disposable income and disposable capital. The Committee does not believe that this is tenable and that the figures used to set this should increase in line with inflation since 2011.
Karen Adam MSP, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “A shortage of legal aid solicitors and ongoing challenges with access are seriously undermining people’s ability to exercise their rights.
“The consequences can be devastating. Victims of domestic abuse can be left without the support they urgently need, and many people find themselves struggling to access safe and secure housing.
“The case for reform is already clear, and we urge the Scottish Government to move forward with changes that will make a real difference.
“Fee reforms, reducing administrative burdens, and widening eligibility are all vital steps to ensure civil legal assistance is fit for purpose and that people across Scotland can get the justice they deserve.”
