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

17 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 challenges within the current system, the Scottish Government has recently concluded a consultation aimed at reforming legal aid to make it more accessible and efficient.

The consultation, which closed on 13 October 2026, sought input on a proposed Legal Aid (Scotland) Bill designed to modernise the existing framework. The primary objectives are to simplify the process, reduce administrative burdens, and ensure that legal aid is both sustainable and user-focused. This initiative reflects a commitment to creating a system that better serves the needs of the public and the legal professionals who support them.

One of the key issues highlighted is the complexity of the current legal aid system. Both clients and solicitors often find the procedures cumbersome, leading to delays and inefficiencies. By streamlining these processes, the proposed reforms aim to make it easier for individuals to understand their eligibility and for solicitors to provide timely assistance.

Another significant concern is the sustainability of legal aid fees. The Law Society of Scotland has emphasised the need for an independent mechanism to review and adjust fees periodically. This approach seeks to ensure that solicitors are fairly compensated for their work, thereby encouraging more legal professionals to participate in the legal aid system and addressing the issue of "legal aid deserts"—areas where access to legal aid is limited due to a shortage of providers.

The Scottish Legal Aid Board (SLAB) has also called for "transformational change" in the system. Their vision includes improving access to justice, enabling individuals to protect their rights effectively, and aligning the legal aid system with broader public policy objectives. Maintaining SLAB's operational independence is seen as crucial to achieving these goals.

At Thompson Family Law, we understand the vital role that legal aid plays in ensuring equitable access to legal services. We are committed to supporting reforms that simplify the system and provide fair compensation for solicitors. These changes are essential to maintaining a robust legal aid framework that serves the needs of all Scots.

As the consultation period has ended, we await the Scottish Government's response and the subsequent steps toward implementing these reforms. We remain hopeful that the forthcoming changes will lead to a more efficient and accessible legal aid system, reinforcing the principle that justice should be available to everyone, regardless of their financial circumstances.