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Scottish Legal Aid Reform: A Step Towards Fairer Access to Justice

9 October 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 need for a more modern and user-friendly legal aid system, the Scottish Government has initiated a consultation on a new Legal Aid (Scotland) Bill, aiming to overhaul the existing framework.

Legal aid provides financial support to individuals who cannot afford legal representation. However, the current system, governed by the Legal Aid (Scotland) Act 1986, has faced criticism for being outdated and complex. The proposed reforms seek to create a simpler, more sustainable, and user-focused framework for publicly funded legal assistance.

One of the key aspects of the consultation is addressing the challenges faced by individuals in accessing legal aid solicitors. Reports have highlighted that people at risk, especially in cases involving domestic abuse, struggle to find solicitors willing to undertake legal aid work. This issue has been attributed to low remuneration rates, making such work financially unviable for many legal practitioners.

The consultation also considers the introduction of Legal Services Payment Orders, a mechanism that would allow courts to order one party to fund the other's legal costs in family law cases. This proposal aims to prevent financial control or economic abuse from hindering fair access to legal advice and representation.

At Thompson Family Law, we understand the importance of accessible legal services. We welcome the Scottish Government's initiative to reform the legal aid system and are committed to supporting our clients through these changes. If you have any questions about how these reforms might affect you, please don't hesitate to get in touch with us.

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