Scottish Government Proposes Legal Aid Reforms to Enhance Access to Justice

30 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 system, the Scottish Government has initiated a consultation to reform legal aid, aiming to create a more straightforward, sustainable, and user-friendly framework for publicly funded legal assistance. This consultation is open until 13 October 2026, inviting input from the public and professionals alike. [Source]

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 inefficiencies. The proposed reforms seek to address these issues by simplifying the funding process and reducing the administrative burden on both solicitors and clients. This includes streamlining application procedures and clarifying eligibility criteria, making it easier for those in need to access legal support. [Source]

One significant aspect of the proposed reforms is the introduction of a regular fee review mechanism. This aims to ensure that legal aid fees remain fair and reflective of the work undertaken by solicitors. Historically, inadequate fees have led to a decline in the number of solicitors willing to take on legal aid cases, resulting in "legal aid deserts" where individuals struggle to find representation. By implementing regular reviews, the government hopes to make legal aid work more sustainable for legal professionals, thereby improving access to justice for the public. [Source]

Additionally, the consultation addresses the need for better support for vulnerable groups, such as children involved in legal proceedings. Proposed changes include removing eligibility tests for children in all cases before a Children's Hearing, ensuring that young people receive the legal assistance they require without unnecessary barriers. [Source]

At Thompson Family Law, we understand the importance of these reforms. As a family-run firm with offices in Glasgow (Bishopbriggs), Edinburgh, Coatbridge, and Airdrie, we have witnessed firsthand the challenges our clients face in accessing legal aid. We believe that simplifying the system and ensuring fair compensation for solicitors will lead to a more robust and accessible legal aid service.

We encourage our clients and the wider community to participate in this consultation. Your feedback is invaluable in shaping a legal aid system that truly serves the needs of all Scots. To share your views, please visit the Scottish Government's consultation page before the deadline on 13 October 2026. [Source]

At Thompson Family Law, we remain committed to providing compassionate and effective legal support. If you have any questions about how these proposed changes might affect you, or if you need assistance with a legal matter, please don't hesitate to contact us. Together, we can work towards a more equitable and accessible justice system for everyone in Scotland.