Legal Aid Reform: Consultation

Ministerial Foreword

Access to justice is a fundamental principle of a fair and democratic society. Legal aid makes that principle real, ensuring people can understand and exercise their rights and navigate the justice system when it matters most. For many, it is relied upon at moments of crisis or significant change in their lives.

Scotland can be proud of its legal aid system. It remains broad in scope, comparatively generous, and demand‑led, providing access to publicly funded legal assistance for those who need it. However, we cannot stand still. Strong foundations do not, on their own, guarantee effective access in practice, and there is clear evidence that the system is not always delivering as it should.

Feedback from the Scottish Parliament, stakeholders and those with lived experience highlights concerns about accessibility, sustainability and performance. At the same time, the context in which legal aid operates has changed significantly. Pressures on providers and public finances are increasing, and people expect services that are simpler, more responsive and easier to use.

We are already taking action. Recent reforms have simplified parts of the system, increased fees, and supported early advice and resolution. We have also established an Independent Fee Review Mechanism Group to support a more structured and sustainable approach to fee setting. These are important steps, but further reform is needed.

That is why we are bringing forward a Legal Aid (Scotland) Bill, delivering on our manifesto commitment to consult early in this Parliament. The Bill will establish a modern legislative framework for legal aid as a core public service – one that is simpler to navigate, more responsive to need, and better able to adapt over time.

At its heart, this is about building a system that works better for the people who rely on it and the professionals who deliver it.

For those who rely on legal aid, this means improving access through a more planned approach to delivery, including enabling the Scottish Legal Aid Board to direct provision where necessary. It will make eligibility easier through improving data sharing to support passporting, support earlier resolution of problems, reduce delays, and create a clearer, more transparent and user‑centred system.

For those who provide legal aid services, the Bill will support a more sustainable and structured system. It will simplify processes, reduce administrative burden and duplication, support quicker decision‑making, and allow a higher‑trust model with greater autonomy for accredited solicitors.

It will strengthen strategic planning and ensure public funding is used effectively. These proposals align with the Scottish Government’s wider programme of Public Service Reform, with a focus on efficiency, value for money and improved outcomes through more streamlined and effective services.

This consultation marks an important step in shaping the future of legal aid in Scotland. It must be informed by the experience of those who rely on the system and the expertise of those who deliver it.

I encourage all those with an interest to engage with this consultation and share their views. Together, we can build a legal aid system that is fairer, more accessible and fit for the future.

Kirsten Oswald MSP Minister for Victims and Community Safety