Overview of Legal Aid Reforms in Scotland
"Explore the ongoing developments in Scotland's legal aid system, including the outcomes of strategic reviews, establishment of fee frameworks, government consultations, and the impact of Covid-19. Learn about initiatives to enhance financial support, new legislation, and the role of various expert panels in shaping the future of legal aid in Scotland."
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Presentation Transcript
ILPA Scotland Working Group Legal Aid Andrew Alexander, Head of Policy
Legal aid current reforms Outcome of the independent strategic review of legal aid Establishment of an expert legal aid fee framework review panel Scottish Government consultation and work towards a new Legal Aid Bill Impact of Covid-19 and the development of financial support Uplifting fees Resilience fund Traineeship fund Wider context for legal aid and immigration work
Strategic Review of Legal Aid Established four years ago and reported three years ago Commitment to retaining the current scope of legal aid and reviewing whether current tribunal coverage was sufficient No changes to delivery models recommended, though this to be reviewed Placing user at core of a redesigned public service and reinvesting savings into technology and innovation No fee increases recommended, but a process of review to commence by end 2018
Fee Review Panel Fee review panel established in March 2019, aiming to report to Scottish Ministers by end 2019 Not a panel to review fees, but to establish a framework by which fees could be reviewed in future Law Society, Faculty of Advocates, Society of Solicitor Advocates and others represented on this group Law Society position that reviews need to take place periodically and predictably, taking into account inflation and also historic underfunding of sector Panel work postponed on commencement of lockdown in March 2020 and due to resume shortly
Scottish Government consultation and new Bill Scottish Government consultation on legal aid between June and September 2019 A step towards the development of a Legal Aid Bill early in the new Scottish Parliament Work in this area also delayed by Covid-19
Impact of Covid-19 Impact of Covid-19 on legal aid and court and tribunal business has been profound Discussions have been ongoing since the start of the current crisis Interim fees permitted across all case types from spring 2020 New Covid-19 support announced in December for firms (or law centres) with at least 20% legal aid business Covid Resilience Fund currently open and closing on 31 March 2021 providing funding support based on the number of grants reduced in current year, net other government support Traineeship Fund likely opening in March 2021, providing 50% funding of up to 40 new trainees into the sector Fee uplift 10% over two financial years, with first 5% increase from 22 March
Wider context Financial support at this stage, but lockdown measures and uncertainties continue Necessity for technology through current crisis but whether desirable in longer term unclear Scottish Parliament election may see changing priorities or attitudes to legal aid Rule of law issues emerging across UK: commentary around political activism and current review of administrative law
