Scottish Government Proposes Legal Aid Reforms to Enhance Access to Justice

29 September 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 challenges within the current legal aid system, the Scottish Government has initiated a consultation to reform and modernise legal aid in Scotland.

Legal aid provides financial support to individuals who cannot afford legal representation. However, the existing system, governed by the Legal Aid (Scotland) Act 1986, has faced criticism for its complexity and inefficiency. The proposed reforms aim to create a simpler, more sustainable framework that focuses on the needs and experiences of those seeking legal assistance.

Key aspects of the proposed reforms include:

• Simplifying the Funding System: Streamlining the application and funding processes to reduce administrative burdens for both solicitors and clients.
• Enhancing Accessibility: Removing eligibility tests for children in all cases before a Children's Hearing, ensuring that young individuals receive the support they need without unnecessary barriers.
• Improving Fee Structures: Adjusting the fee structures for serious criminal cases to better reflect the work involved, encouraging solicitors to continue offering legal aid services.

These reforms are part of a broader effort to address the declining number of solicitors participating in legal aid work. Recent data indicates a 12% drop in legal aid solicitors over three years, raising concerns about the sustainability of the system and the potential impact on individuals seeking legal assistance.

At Thompson Family Law, we understand the importance of accessible legal services. We welcome initiatives that aim to strengthen the legal aid system, ensuring that everyone has the opportunity to seek justice, regardless of their financial circumstances. We encourage our clients and the wider community to stay informed about these developments and to participate in the consultation process, as public input is vital in shaping a legal aid system that truly serves the needs of all Scots.

For more information on the consultation and how to participate, please visit the Scottish Government's official website.