Scottish Court Fees 2026-2027 - Equality Impact Assessment

Stage 2: Data and evidence gathering, involvement and consultation

Age

The Scottish Government and SCTS do not collect age‑specific data on civil court users. However, the Scottish Crime and Justice Survey (SCJS) shows that 3 in 10 adults experienced at least one civil law problem in the previous three years. Those aged 60 and over were less likely to experience civil law problems (17%) compared with younger age groups (36% for ages 16–24, 37% for ages 25–44, and 26% for ages 45–59). Civil Justice Statistics for 2022–2023 report 11,400 family procedure cases initiated, and the total number of civil cases has increased to 117,467 in 2023/24 and 125,836 in 2024/25.^[3]

No evidence gaps have been identified, and civil law issues can affect people of all ages.

Disability

In 2021, 47% of adults reported living with a long‑term health condition; 34% reported a limiting condition and 13% a non‑limiting condition. The prevalence of limiting conditions increased with age, from 18% of 16–24‑year‑olds to 60% of those aged over 75. Women were more likely than men to report both long‑term conditions (52% vs 43%) and limiting conditions (39% vs 30%).^[4] The SCTS Court User Satisfaction Survey (2023) indicated that 74% of civil court respondents reported no longstanding illness or disability requiring adjustments, 16% did report such a condition, and 10% preferred not to say. Civil Justice Statistics show that 39% of disabled people experience civil law problems, compared with 24% of non‑disabled people.^[5]

There are no specific evidence gaps identified, though ongoing changes to passported benefits continue to influence eligibility for court fee exemptions and legal aid.

Sex

SCJS results for 2021/22 show similar levels of civil law problems among men and women, with 27% of males and 28% of females reporting an issue in the previous three years. Evidence suggests gender is not a significant factor, although divorce‑related fees may be more commonly paid by women.^[6]

No gaps in data have been identified.

Gender Reassignment

The Scottish Government does not hold information on civil court users in relation to gender reassignment. Although data is limited, it is recognised that people of any gender identity may require access to civil justice. No evidence gaps have been identified.

Sexual Orientation

No data is held on the sexual orientation of individuals involved in civil litigation. Despite this gap, civil law issues can affect people of all sexual orientations, and no impacts have been identified based on available evidence.

Race

SCJS evidence indicates that 81% of respondents had not experienced any of the civil law issues listed in the survey during the previous three years. African, Caribbean or Black respondents were less likely to report having experienced none of these issues (64%), suggesting a comparatively higher prevalence of civil law problems in this group.

People of all ethnicities may require access to civil courts, and no barriers have been identified. No significant gaps in evidence were noted.

Religion or Belief

There is no available data on the religion or belief of civil court users. However, civil law issues can affect people of all faiths and none. No impacts or evidence gaps have been identified in relation to this characteristic.