Legal aid spending falling, SLAB annual report reveals
Legal aid spending in Scotland fell by 8% in 2014-15 compared with the year before, according to the annual report of the Scottish Legal Aid Board (SLAB) published today.
The total cost to the taxpayer was £138.6m, down from £150.5m in 2013-14. SLAB described the decrease as "partly due to changes in the flow of criminal cases through the justice system in 2014-15". "An increase in criminal business in the courts [reflected in an increase in grants in the previous year] contributed to a slowing down in the progress of criminal cases in 2014-15", the report states. "This has an impact on the timing of expenditure associated with the increased number of grants. For example, following the 7% increase in solemn criminal legal aid grants in 2013-14, we paid 5% fewer accounts in 2014-15."
However, 2014-15 also saw falling applications and grants of summary criminal and civil legal assistance, the former reflecting a long term trend in the decline of summary court business, offset partly by a 1.2% increase in grants of solemn criminal legal aid and continued growth in children’s legal assistance.
Expenditure on criminal legal assistance fell by 10% compared to the previous year, from £94.0m to £85.0m.
Net expenditure on civil legal assistance was £43.9m, a fall of 8% compared to the previous year from £47.7m. There has been a fall in the takeup of advice and representation in civil matters, with grants down by 9.5% compared to the previous year. Demand has fallen due to the easing of pressures stemming from the economic situation, SLAB comments, though the largest volume year-on-year falls were in cases concerning contact, separation and divorce, all of which have been steadily declining for the past few years.
However legal aid grants in relation to intervention orders and guardianship orders under part 6 of the Adults with Incapacity (Scotland) Act 2000 rose by 19% compared with 2013-14, and now represent the largest category of legal aid certificates issued at 28% of all grants.
Children’s legal assistance (legal aid and ABWOR) spending rose by 7% from £4.9m to £5.2m. Grants of children's legal assistance continue to be affected by the changes that came into force in June 2013 that extended the scope and availability of legal assistance for children's hearings. "It is still too early to establish a proper comparison in volumes between years", SLAB states.
Gross expenditure on grant funded projects was up from £5.5m to £6.3m, as a result of the Scottish Government and the Money Advice Service providing extra funding for an extended programme now covering 108 projects around the country, helping nearly 27,000 new clients.
Payments to solicitors totalled £107.7m (down from £117.1m), advocates £11.9m (down from £14.5m, and £18.3m in 2012-13) and solicitor advocates £3.0m (down from £4.3m). Payments on outlays such as expert witnesses and court reports fell by 8% from £19.5m to £17.9m.
Figures given for the solicitor services provided by SLAB show the number of new criminal cases opened by the Public Defence Solicitors Office at 3,440, a 0.6% increase compared to 2013-14 but including 17% more solemn cases. During the year the PDSO dealt with three of the most high profile and complex homicide cases in its experience. Its expenditure, including running costs and case costs, was up 2% to £2.0m. The Civil Legal Assistance Office handled 37% fewer new cases (442) than the previous year, but saw a 29% increase in referrals and signposting to private sector solicitors and other sources of help. Its costs, after taking account of income from contributions and expenses, were £1.3m.
SLAB assessed 212,000 applications for legal aid and paid 241,000 accounts of solicitors and counsel. The average time taken to process civil legal aid applications was down by six working days, as was the average time taken to make a payment on an account.
Colin Lancaster, chief executive of SLAB, commented: “The fall in expenditure in 2014-15 is not a signal that the financial challenges are over or that the legal aid system doesn’t need further reform and streamlining.
“The impact of the UK Spending Review means that significant further changes are needed to meet the Scottish Government’s budget allocation for legal aid. While the legal aid fund is demand led, and no one who is eligible will be refused legal aid, expenditure savings will need to be found."
The Scottish Government’s draft budget for 2016-17, announced this week, plans a £10m (7%) cut in legal aid provision from the £136.1m budgeted for 2015-16 to £126.1m, which is lower even in cash terms than the amount spent in 1994-95.
Mr Lancaster observed: “Access to justice can only be maintained in the face of these financial challenges by working collaboratively with those interested in protecting the vulnerable through a legal aid system that is broad in scope and encourages a strategic approach to meeting needs. I look forward to doing so over the coming months.”
SLAB chairman Iain Robertson added: “It is imperative that discussions on reforms are approached strategically and in the context of the justice system as a whole, to protect the best interests of those in need of support from the legal aid system. Otherwise Scotland risks its proud record on maintaining access to justice.”
Responding to the report, James Wolffe QC. Dean of the Faculty of Advocates, commented: “While the Board signals that there will be a continuing need to deliver savings in legal aid expenditure, it is imperative that skilled legal advice and representation should continue to be available in Scotland to all who need those services. In that regard, I welcome the Board's commitment to work with the Faculty and with others, with a view to maintaining access to justice for all in Scotland."