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Our next petition is PE2241, lodged by Dr Jurgita Koechlin and published on 4 August, which calls on the Scottish Parliament to urge the Scottish Government to consult on and introduce legislation to create legal services payment orders in Scottish family law, so that courts can stop financial control or economic abuse preventing fair access to legal advice, representation and justice.The Scottish Parliament information centre briefing refers to an inquiry that was conducted by the session 6 Social Justice and Social Security Committee, which heard that the Scottish Legal Aid Board can flexibly apply financial eligibility criteria in situations including economic abuse but that there appeared to be little awareness of that among solicitors. The briefing explains how the legal services payment order system works in England and Wales. It adds that it is possible to apply for interim financial assistance from the other party during divorce proceedings, but the law in that area is still being developed.The Scottish Government indicates that it has no specific plans to address the issue that has been raised by the petition, but it is actively engaged in a programme of legal aid reform, including a recent consultation, which closed last month. The Government states that the responses will inform the development of a legal aid bill and future policy decisions.The Government explains the role of the Scottish Legal Aid Board in assessing merits and financial eligibility tests, and the Government notes that the board currently funds two projects to support women who are facing violence and domestic abuse.The Government notes that, once it is commenced, the Regulation of Legal Services (Scotland) Act 2025 will increase access to justice by enabling innovative service delivery models that meet the needs of a modern and diverse society.The petitioner notes that both the Scottish Government response and the Scottish Parliament information centre briefing recognise that economic abuse exists and can prevent victims from accessing family finances, but neither suggests a reliable remedy. She also recognises the point that is referred to in the Parliament briefing that, even if legal aid is approved, representation may not be available in practice.The petitioner acknowledges that the two projects funded by the Scottish Legal Aid Board are valuable specialist services, but she argues that they are not a general court-based mechanism that is available throughout Scotland and that the Government does not show that they can secure sustained representation in every complex or urgent case. She suggests that the evidence supports further examination of the petition, and she asks the committee to continue its consideration and seek a substantive response from the Scottish Government to the points that are set out in the final paragraph of her submission, which is paper PE2241/B.Do members have any comments or suggestions for action?10:30
