Civil legal aid reform
Urgent Call for Reform: Scotland’s Civil Legal Aid Crisis
Since it began in 1987, Scotland’s civil legal aid system has aimed to ensure that everyone, regardless of how much money they have, has access to justice. However, decades later, the system is failing to fulfil its mission.
Scotland faces a critical shortage of civil legal aid solicitors which leaves countless individuals, particularly those in poverty, unable to get the legal representation they need to address injustices and uphold their rights. Despite numerous consultations and promises from the Scottish Government, meaningful reform still hasn’t happened.
The Crux of the Problem
Civil legal aid in Scotland provides essential support to those who cannot afford legal services. It covers areas such as eviction, asylum, employment discrimination, and abuse-related protective orders. It also extends to representation in the Sheriff Court, Court of Session, and various tribunals. However, there are significant limitations and challenges:
- Scope Restrictions: Current regulations restrict legal aid to individuals, excluding community groups and NGOs. This limitation places the burden of addressing systemic issues on individuals, rather than allowing collective action that could drive broader societal change.
- Geographical Inequities: Outside the Central Belt, access to legal aid is particularly dire. For example, there are no immigration legal aid solicitors north of Glasgow. Finding specialists in areas like human rights, gender-based violence, or environmental law is extremely difficult.
- Economic Disincentives: The financial structure of legal aid is outdated and insufficient. Fees have only marginally increased since 1999 and fail to cover the actual costs of providing legal services. Many solicitors find it economically unviable to take on legal aid cases, leading to a steady decline in those willing to offer these crucial services.
Impact on Human Rights and Justice
The failure of the civil legal aid system has profound implications for human rights in Scotland.
Access to justice is a cornerstone of human rights protection, ensuring that everyone has the means to challenge violations and seek remedies. Under international human rights law, including the European Convention on Human Rights (ECHR) and the Aarhus Convention, states are obligated to provide accessible, affordable, and effective legal remedies.
- Equality of Arms: Without adequate legal aid, the principle of ‘equality of arms’ is compromised. This principle ensures that all parties in a legal dispute have a fair chance to present their case. When legal representation is unaffordable, justice becomes accessible only to those with financial means.
- Protection for Vulnerable Populations: Vulnerable and marginalised groups often suffer the most from the lack of legal aid. Without the necessary legal support, these individuals face insurmountable barriers in seeking justice and asserting their rights.
The Path Forward
Human Rights Consortium Scotland (HRCS), JustRight Scotland, and the Environmental Rights Centre for Scotland (ERCS) are advocating for urgent reforms to address these issues. We are calling on the Scottish Government to:
1. Draft and Consult on a Legal Aid Reform Bill by 2026: The government should commit to including this in the 2024-25 Programme for Government. The reform bill should aim to expand the scope of legal aid to support group cases, empowering NGOs and community organisations to pursue justice on behalf of their members.
2. Amend Regulation 15: Broaden the scope of legal aid to include community groups and NGOs, recognising the importance of collective action in addressing systemic issues and ensuring that justice is accessible to all.
In Summary
The civil legal aid system in Scotland is at a critical juncture. Without immediate and comprehensive reform, access to justice will remain a privilege of the few, rather than a right for all. The Scottish Government must act decisively to rebuild a system that truly supports justice and equality, ensuring that everyone can access the legal representation they need to uphold their rights.
Want to find out more or join the campaign?
- Read our briefing on civil legal aid reform, in PDF or Word
- Support our Make Human Rights Justice a Reality campaign
- Join the Consortium
- Get in touch to lucy@hrcscotland.org
