Legal Aid Reform Consultation: Easy Read

The Scottish Government is consulting on a new Legal Aid (Scotland) Bill to modernise the legal aid system and create a simpler, more sustainable and user-focused framework for publicly funded legal assistance.

Open
56 days to respond


Part 4. How the new system would work

This part will explain the new jobs, rules and powers for everyone helping people to get legal aid.

The Scottish Government wants to make a plan for the Board. This plan will say what is important and what objectives to meet.

The Board will use the plan to create, fund and run services. The plan must be approved by the Scottish Parliament.

The plan will give objectives for the Board. It will need to report on their progress every year. The Scottish Government and the Scottish Parliament will check.

The Plan will make it easier for Scottish Ministers or the Scottish Parliament to check and to step in if the Board is not meeting its objectives.

The main jobs everyone will have under the new plan:

  • Listen and learn from the people facing problems and service providers.
  • Use the objectives to decide what help is needed.
  • Check services available. Check if they can meet needs.
  • Pick the best way to set up and fund these services.
  • Check services after they get money to see if they are helping people to access justice.
  • Make it easy. Help people and services to get legal aid by removing confusing forms.

Scottish Ministers’ new jobs:

  • Set the objectives and priorities for legal aid.
  • Give money for these objectives and priorities.
  • Look at the Board’s plans. Approve them or make changes if needed.
  • Check if the Board is following their objectives.
  • Check the Scottish Legal Aid Fund provides value for public money.
  • Listen to the Board’s views on how money is spent and on objectives.
  • Answer to the Scottish Parliament. Be responsible for how well legal aid is doing.

The Scottish Parliament’s new jobs:

  • Decide who gets legal aid and how much people must pay for it.
  • Agree the objectives set by Scottish Ministers.
  • Look at the reports the Board sends in every year.

The Board’s new jobs:

  • Give Scottish Ministers a plan showing how they will design, pay for and deliver legal aid under the Scottish Government’s plan.
  • Tell Scottish Ministers how well legal aid is working.
  • Tell the Scottish Parliament and Scottish Ministers who is getting help and how much people are paying.
  • Work with partners to check how legal aid is working and find gaps in service.
  • Work with others to find out about their experiences.
  • Work with legal professionals and advice services to create services that give people the help they need.
  • Agree funding with service providers and hire legal professionals to do the planned work.
  • Check funded services to make sure they are doing a good job.
  • Make legal aid easier to use. Use technology to speed things up.
  • Administer the legal aid system well and send a report to the Scottish Parliament every year.

Service providers’ new jobs:

  • Help the Board to find out what people need, check what help is available and design services.
  • Share information.
  • Follow the rules about how to give advice and legal help.
  • Allow the checks set by the Board.

Contact

Email: LegalAidReform@gov.scot

Back to top