A Missed Opportunity for Civil Legal Aid Reform: Reflections on the Minister’s Letter to the Equalities, Human Rights, and Civil Justice Committee on Court Fees
A Missed Opportunity for Civil Legal Aid Reform: Reflections on the Minister’s Letter to the Equalities, Human Rights, and Civil Justice Committee on Court Fees
-600.png)
Recently, the Equalities, Human Rights, and Civil Justice Committee received a letter from the Minister for Victims and Community Safety discussing court fees in Scotland.
The purpose of the letter is to provide information and clarification regarding the suite of court fees instruments currently under consideration by the Equalities, Human Rights, and Civil Justice Committee, aiming to assist them in their deliberations.
You can read our joint response with SALC and JustRight Scotland here, which outlines a response to the Scottish Government’s proposals for a 10% increase in court fees.
While it’s vital to address the barriers posed by these fees, the Minister’s letter misses the mark by not engaging with the underlying crisis in civil legal aid that many people are facing today.
The Heart of the Matter
Scotland’s civil legal aid system, established in 1987, was designed to ensure that everyone, regardless of their financial situation, has access to justice. Fast forward to today, and it’s clear that this system is struggling to fulfill its original purpose.
A critical shortage of civil legal aid solicitors leaves many people - especially those living in poverty - without the legal support they need.
The Minister’s letter highlights several points about court fees but fails to address the broader context of civil legal aid in Scotland. Increasing court fees by 10% would create significant barriers to justice for marginalised and vulnerable groups, disproportionately impacting human rights, equality law, and public interest cases.
Many individuals remain excluded from the legal aid system, forcing them to bear the full cost of legal proceedings, which is particularly unfair given stagnant wages amid rising costs.
To ensure equitable access to justice, we recommend implementing exemptions from court fees for these crucial areas, including extending these exemptions to individuals receiving certain disability benefits.
We cannot have a discussion about raising court fees without also addressing the urgent need for comprehensive reform of the civil legal aid system to make legal support more accessible and equitable for all.
Here are some critical issues that need attention:
-
Affordability and Access to Justice: The letter argues that charging court fees is necessary for a well-funded civil justice system, referencing support from the Supreme Court for fee recovery. However, this perspective overlooks the fundamental need for affordable access to justice, particularly for low-income individuals. We need to shift the focus toward making legal aid accessible rather than relying on fees as a funding source.
-
Inadequate Support for Vulnerable Populations: Although the letter mentions exemptions and support mechanisms for vulnerable groups, it doesn’t adequately address the significant barriers that still exist in the current legal aid system. Many individuals struggle to navigate stringent eligibility criteria, which can leave them without support. Reforms should simplify the application process and expand eligibility to ensure that anyone who needs legal assistance can access it without financial strain.
-
Legal Aid Budget Constraints: The Minister states that the legal aid budget is demand-led, but this can lead to inconsistencies in access. While the budget may be maintained in cash terms, it doesn’t account for inflation or rising living costs, which effectively reduces its purchasing power. A more responsive legal aid budget is needed—one that adjusts to the changing economic landscape to meet the actual demand for legal services.
-
Impact of Fee Increases on Legal Aid Utilisation: The assertion that recent fee increases won’t deter legal action contradicts the reality that higher costs often discourage individuals from pursuing their rights. The letter doesn’t consider how these fee increases could lead to a decline in the use of civil legal aid, as potential clients might avoid legal action due to the financial burden. Reforms should include not just fee adjustments but also enhanced legal aid support.
-
Need for Comprehensive Reform of the Legal Aid System: The letter references the “Vision for Justice” plan and mentions engaging with stakeholders for future legislative proposals. However, it lacks concrete commitments or timelines for reforming the legal aid system. Real change is essential to create a legal aid framework that is responsive, adequate, and equitable - one that includes a thorough review of existing practices and a commitment to implement meaningful reforms that directly address the needs of vulnerable populations.
-
Long-term Vision for Access to Justice: The letter concludes with a call for support for the current fee proposals, emphasising their necessity for a well-funded civil justice system. This narrow focus fails to engage with a long-term vision that prioritises individuals’ needs over funding models. Reforms should aim to sustain the system financially while ensuring that access to justice remains a fundamental right for all, regardless of financial status.
While the Minister’s letter on court fees is an important piece of the puzzle, it shouldn’t distract us from the urgent need for comprehensive civil legal aid reform in Scotland.
The current approach risks perpetuating barriers to justice for vulnerable populations, and we must advocate for a legal aid framework that is equitable, supportive, and accessible.
Without immediate action, the right to justice will remain elusive for many, putting our commitment to equality and fairness at risk. It’s time for the Scottish Government to step up and ensure that everyone has access to the legal support they need to uphold their rights.
Resources
RSS