Portfolio Question Time – in the Scottish Parliament at on 8 October 2025.
Evelyn Tweed
Scottish National Party
To ask the Scottish Government what steps it is taking to improve access to legal aid for survivors of domestic abuse. (S6O-05034)
Siobhian Brown
Scottish National Party
The Scottish Government continues to work closely with stakeholders to support victims and survivors of domestic abuse to get the support that they need. In addition to the current judicare system, under which all eligible costs are met, we provide grant funding to the Scottish Women’s Rights Centre of £230,000 a year. We also fund public legal services through the Civil Legal Assistance Office and the Public Defence Solicitors Office, which can operate across a wide geographical area.
We are actively reviewing the legal aid framework to ensure that it is fair, accessible and responsive to the needs of vulnerable individuals.
Evelyn Tweed
Scottish National Party
Domestic abuse survivors in my Constituency report great difficulty in finding legal aid solicitors. What steps is the Scottish Government taking to address barriers to access outside the central belt and, in particular, in rural areas?
Siobhian Brown
Scottish National Party
The legal aid system is generally effective in delivering help to those who need it. However, we recognise that there are some challenges in relation to certain types of case and certain locations. Although civil solicitors are mainly based in city centres, near to the courts, they have always covered a wide geographical area. I can reassure the member that solicitors in all parts of Scotland are able to access funding for work that is carried out under the legal assistance schemes, and those schemes are flexible enough to allow solicitors to travel to any part of the country to carry out work, should it not be possible to instruct a local agent.
That said, as part of the discussions around the criteria for a new traineeship fund, my officials are currently exploring whether there is a need to be specific in targeting geographical areas or types of case.
Pam Gosal
Conservative
Evidence heard by the Equalities, Human Rights and Civil Justice Committee has painted a shocking picture of the inability of survivors of domestic abuse to access legal aid. We have heard of survivors being denied legal aid because they were unable to provide figures for their household income, but how would someone know their household income when their abusive partner has complete control over their finances? What action is being taken to ensure that survivors have access to legal aid when they have no access to their own finances?
Siobhian Brown
Scottish National Party
As the member is probably aware, domestic abuse organisations are not allowed by law or regulation to hire lawyers to support women and children. However, the Regulation of Legal Services (Scotland) Act 2025, which was passed in May and which the member and the Conservatives did not support, will remove restrictions preventing charities, law centres and citizens advice bodies from directly employing solicitors to provide certain types of legal aid to some of the country’s most vulnerable citizens.
In addition, the legislation will ensure that third sector organisations can directly employ legal professionals to undertake reserved legal services, such as those in cases involving domestic abuse.
Pauline McNeill
Labour
Lawyers have said for some time that they are leaving the legal aid sector in significant numbers due to inadequate remuneration and an unsustainable working environment. In fact, many lawyers have said that the pendulum has swung so far that the lack of legal aid defence lawyers is creating a backlog that is impacting victims of sexual crime. As the Minister will know, that is partly because those who are accused of sexual crimes must employ a lawyer.
I welcome the announcement of the training fund, but what other action is being taken and what progress is the Government making to stop lawyers leaving the sector that we so desperately need them to stay in?
Siobhian Brown
Scottish National Party
A lot of work is going on in that area. The member will know about our work on legal aid reform. We will not be able to pass legislation on that during this parliamentary session, but work is under way on it at the moment.
The Scottish Government is investing record levels of funding to support victims through a wide range of front-line services, including specialist legal advice. This year’s budget was at a record high, with total legal aid fund investment of £165 million. The fund is demand led, so all eligible costs will be met, regardless of the cost.
Legal aid is available to victims of domestic and gender-based violence who are seeking protection through civil actions where they meet the statutory eligibility criteria. I appreciate that there are some challenges, and that is why I am working with the legal profession to move forward in conquering those challenges.
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