What action it is taking to improve practical access to legal representation for people who qualify financially for legal aid but are unabl…

A number of factors can impact on the ability of individuals to secure legal assistance, for example the type of case and the existing workload of a solicitor. Being registered to provide legal aid does not require a solicitor to take an individual case that is a matter for the individual solicitor, and it is not possible to compel them to take a case. The Scottish Government recognises that this can be frustrating and has taken some steps to provide additional support to that provided by private solicitors.The Scottish Legal Aid Board (SLAB) monitors the availability and accessibility of legal services, and The Civil Legal Assistance Offices (CLAO) can provide certain types of legal service to people who are eligible for legal assistance. CLAO both offers a casework service and also refers people other sources of advice and support, including solicitors who offer services funded by legal aid.Solicitors can take on cases in other areas and applicants are able to instruct solicitors outside their own council area. This reflects both the flexibility of the legal assistance schemes and the willingness of solicitors to travel to rural and remote parts of Scotland to provide services where local provision is limited, meaning that individuals do not have to rely on local provision alone when seeking publicly funded legal assistance.Funding this year is provided to provide specific support to Scottish Women’s Aid of up to £160,498 and the Scottish Women’s Rights Centre of up to £239,200 to provide bespoke legal advice and representation. A series of grants of £2 million to third sector organisations across the country has been provided to support early advice and resolution in communities.In addition, the Scottish Government is providing funding of up to £1.5 million to support up to 40 additional legal aid trainees through the Legal Aid Traineeship Fund. Further information is available on the Law Society of Scotland’s website: https://www.lawscot.org.uk/qualifying-and-education/qualifying-as-a-scottish-solicitor/the-traineeship/scottish-government-legal-aid-traineeship-fund-2026/.The recent Regulation of Legal Services (Scotland) Act 2025 removes restrictions which previously prevented charities, law centres and Citizens advice bodies from directly employing solicitors to provide certain legal services. Commenced on 5 March 2026, this change enables third sector organisations to deliver reserved legal services, including representation of vulnerable clients in court, without reliance on external law firms.Legal aid fees were also increased by 13% from 1 September in regulations passed by the Scottish Parliament in February 2026. Regulations recently passed also made changes to criminal and children’s legal aid to make the process less complex, support early resolution, and guarantee timely representation for those most in need.Finally, the Scottish Government is bringing forward a consultation on a Legal Aid Bill within the first 100 days of this parliament to explore how the legal aid system can become more responsive and user centred, and how it can better deliver outcomes in line with what we expect of a modern public service, while ensuring transparency and accountability in the use of public funds. Responses will shape the content of the Bill and inform the timing of its introduction.