Holyrood inquiry warned of looming ‘cliff edge’ for civil legal aid

The Law Society of Scotland has warned a Holyrood inquiry of a looming ‘cliff edge’ for legal aid provision, with action urgently needed to ensure access to justice.

Pat Thom, Co-convener of the Law Society’s Legal Aid Committee, gave evidence this morning to the Equalities, Human Rights and Civil Justice Committee in relation to its Civil Legal Aid Inquiry.

The professional body for Scottish solicitors had already provided a written submission to the inquiry on the longstanding issues with legal aid and the impact on clients who are otherwise unable to access the legal support they require.

Pat Thom told this morning’s hearing a number of factors have caused the current crisis: “The first is the low fees paid for legal work, resulting in those who have been practising legal aid refusing to keep going because it’s just not sustainable.

“The low fees are not appealing to the younger solicitors and as a consequence we are also facing a retirement cliff edge.

With the Scottish Government considering legal aid reforms, Ms Thom told the committee that administrative improvements in dealing with the Scottish Legal Aid Board should be a priority alongside ensuring fees remain sustainable.

She said: “It’s so frustrating for a solicitor to have gotten approval for a case and the amount to spend and they put their bill in and then it’s bounced back.

“Invariably you go back and forward and you spend a lot of time that you’re not paid for and eventually the Legal Aid Board decides that yes you do deserve that money. So it’s that respect and that trust between the Legal Aid Board and the solicitors that needs to be improved.”

Glasgow-based charity and law centre the Legal Services Agency (LSA) also appeared, providing evidence reiterating the Law Society’s position around administrative barriers.

LSA Chief Executive Aaliya Seyal told the inquiry: “There are significant improvements that can be made into the administrative process. First, in terms of when you apply for advice and assistance or civil legal aid, the forms and the evidence that you need… is fairly onerous.

“It varies depending on what type of case you’re undertaking, and there’s statements that you need to take from the clients and there’s statements that you need to provide yourself and that can be streamlined into a single process.”