Legal Aid Reform: Consultation

Section 3: Diversifying Delivery

Broadening funding and delivery models

Simplified judicare arrangements will improve the operation of the system and may encourage more providers to deliver a legal aid service. But judicare cannot meet all needs and is not necessarily the best or only way of securing and supporting some types of service. To address these issues, the Scottish Government proposes widening the use of funding mechanisms beyond the judicare model.

While the current statutory framework already provides for other approaches, including grant funding of legal and advice services and the direct employment of solicitors by the Scottish Legal Aid Board, these provisions are inconsistent in scope, the types of service they can support, and the conditions under which they can be used.

We propose to introduce more consistent and versatile provisions across all areas of law. This would enable the commissioning or direct provision of services to deliver targeted support in specific areas or for particular types of case, alongside the continued use of judicare. This will be an evidence led approach to help address gaps in provision and provide greater certainty of access where reliance on existing provision has proved insufficient, as well as supporting innovation, preventative approaches and holistic service models.

A more planned and responsive system

These changes will support a shift from a predominantly reactive system to a more proactive and planned approach. This will enable services to be better aligned with a stated purpose for legal aid, targeted on identified needs and designed with users in mind. Addressing gaps in provision and supporting different models of delivery across Scotland will move legal aid beyond the current one‑size‑fits‑all approach.

Broadening access to legal aid beyond individuals

The Scottish Government is interested in views on whether the current legal aid framework appropriately reflects the range of individuals and organisations that may require access to publicly funded legal assistance. While legal aid has traditionally focused on supporting individual people, there may be circumstances in which organisations or other non-natural persons, such as charities, voluntary organisations, community groups or other bodies, could benefit from legal support to protect rights, fulfil statutory functions or participate effectively in legal proceedings. As part of considering how access to legal aid might evolve in the future, the Government is seeking views on whether, and in what circumstances, eligibility could be broadened beyond individuals, while noting that financial implications and considerations would need to be weighed as part of any increase in scope.

Q14. Which funding models do you think should be used more in future? (Select all that apply)

• Judicare (case-by-case funding)
• Commissioning (grant funding / contracting)
• Direct employment
• Other (please specify)

Q15. Are you in favour of services being commissioned directly in line with the approach set out, for example through grants/contracts or direct employment?

• Yes
• No
• Unsure (please specify)

Q16. Do you consider that the scope of legal aid in Scotland should continue to be focused primarily on individuals, or are there circumstances in which non-natural persons should be eligible for support?

• Legal aid should remain focused primarily on individuals
• Non-natural persons should be eligible for legal aid in some circumstances
• Other (Please comment)