New Legal Aid Reforms Aim to Enhance Access to Justice in Scotland

27 August 2026

Access to justice is a cornerstone of a fair society, ensuring that everyone, regardless of their financial situation, can seek legal assistance when needed. Recognising the importance of this principle, the Scottish Government has initiated a consultation to reform the legal aid system, aiming to make it more efficient and user-friendly for both clients and legal professionals.

Legal aid provides publicly funded assistance to individuals who might otherwise be unable to afford legal representation. In Scotland, the system currently supports approximately 170,000 grants each year, with total expenditure reaching £169 million in 2024-25—the highest annual spend on legal aid to date. Despite this significant investment, there is a growing consensus that the system requires modernisation to better serve its users.

The proposed reforms focus on several key areas:

• Simplifying Processes: By reducing bureaucratic hurdles and streamlining procedures, the aim is to expedite decision-making, allowing individuals to access legal aid more swiftly.
• Enhancing Access: The reforms seek to make legal aid more accessible to those in need, ensuring that financial constraints do not impede justice.
• Empowering Solicitors: Providing greater autonomy to accredited solicitors is intended to improve service delivery and client satisfaction.

These proposals build upon recent initiatives, including a 13% increase in solicitor fees set to take effect in September, reforms to children's and criminal legal aid expected by year-end, and the establishment of a £1.5 million Legal Aid Traineeship Fund to support up to 40 trainees across Scotland. Additionally, the Independent Fee Review Mechanism Group has been formed to consider long-term changes necessary for a 21st-century legal assistance system.

Minister for Victims and Community Safety, Kirsten Oswald, emphasised the importance of these reforms, stating, "At its heart, this is about building a legal aid system that works better for the people who rely on it and the professionals who deliver it." She encourages all stakeholders to participate in the consultation process to help shape a fairer and more accessible legal aid system.

The consultation is open until 13 October 2026, and individuals are invited to share their views on the proposed changes. This is a pivotal opportunity for the public and legal professionals to contribute to the evolution of Scotland's legal aid system, ensuring it meets the needs of contemporary society.

At Thompson Family Law, we understand the critical role legal aid plays in providing access to justice. We are committed to supporting our clients through these changes and will continue to offer guidance and representation to those eligible for legal aid. If you have any questions about how these reforms might affect you, please don't hesitate to contact us.