Exclusive:SNP warned 'time running out' for legal aid as solicitors leave in droves
Critics point that that legal aid fund is set to receive below-inflation increase in 2026/27
One of Scotland’s most senior legal figures has warned that access to justice is “rapidly becoming an aspiration instead of a basic right” in the wake of a modest increase in legal aid funding in the new Scottish Budget.
Roddy Dunlop KC, Dean of the Faculty of Advocates, warned that legal aid practitioners were leaving the profession in “droves,” and stressed no civilised democracy should have to face such a situation.
The crisis in legal aid funding has been deepening in recent years amid warnings that the system is no longer fit for purpose and requires major reform.
In its most recent annual report, the Scottish Legal Aid Board warned that despite the 170,000 grants of legal assistance made in 2024/25, the current system cannot guarantee access to a solicitor for everyone who needs one.
In its 2026/27 Budget, which was unveiled last week, the Scottish Government said it was investing £195 million in the legal aid system, but it amounts to a below-inflation increase of less than three per cent for the legal aid fund that provides for services to clients, up from £165.6m to £170.5m. Funding for the administration of legal aid, meanwhile, will go up from £22.5m to £24m, a rise of nearly 6.7 per cent.
Ian Moir, co-convenor of the Law Society of Scotland’s legal aid committee, objected to the below inflation increase for the critical legal services he said “ordinary people are increasingly unable to access.”
He said: “We're frustrated beyond belief to see the red tape wound around legal aid funded so much more generously than the actual legal aid services that people rely upon.
"The Scottish Government has advised this outsized boost to the administrative budget is largely to fund wage and pension increases for staff at the Scottish Legal Aid Board, while overstretched and underpaid legal aid solicitors continue to be taken for granted.
“Time is running out for the Scottish Government to implement a long overdue uplift to legal aid fees before the Holyrood election. If we miss this small and shrinking window, we fear that dozens more legal aid solicitors will abandon the system and access to justice in Scotland will be further eroded."
Mr Dunlop said he “entirely understood” why the Law Society of Scotland was seeking clarification from the government on the position of legal aid following the Budget.
He said: “The faculty has now for many years been warning of the legal aid crisis, particularly apparent in the solicitors’ profession, from which legal aid practitioners have been leaving in droves. Various assurances have been made by ministers and must become concrete.
“Without adequate funding for legal aid in this country, access to justice is rapidly becoming an aspiration instead of a basic right. That is not a situation which can be tolerated in a civilised democracy.”
Those who have raised specific misgivings about the lack of access include the collaborative body, Scottish Women’s Rights Centre, which has said that many survivors of gender-based violence have been unable to find legal aid solicitors, meaning they are forced to privately fund their legal representation, or represent themselves.
Sandy Brindley, chief executive of Rape Crisis Scotland, part of the SWRC, characterised the situation facing legal aid services as a “decay” that was having a profound impact, and criticised the lack of a “firm, robust” response to the issue in the Budget.
Ms Brindley said survivors contacting the SWRC have reported having to field enquiries to anywhere between 30 and 50 solicitors in an attempt to secure legal representation, with an increasing number of women contacting Rape Crisis Scotland’s advocacy services because they cannot find a solicitor.
“No survivor should have to navigate the justice system on their own,” she said. “Our advocacy services, which support survivors at every stage of the justice process, are seeing increased demands and have been forced to operate waiting lists.
“This is partly because women are spending increased time navigating the justice system and partly because their legal needs are complex and require specialist support. This is a crucial, life-saving service which needs to exist alongside accessible legal support."
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Simon Brown, president of the Scottish Solicitors Bar Association (SSBA), said the situation facing legal aid solicitors was “galling” considering the funding allocated to fiscals.
“The Scottish criminal bar has been in crisis for some time now, with criminal solicitors either leaving for better paid work elsewhere, or as is increasingly common given the increased age profile of our branch of the profession, retiring,” he said. “The SNP government had a clear opportunity to halt or indeed reverse that decline for a relatively modest outlay, but declined to do so.
“It is especially galling to see against this background the continued willingness of the government to fund the prosecution side of the justice system, with £23m pounds earmarked for wage increases for fiscals. To put this in context, that sum alone would cover the 15 per cent increase in legal aid sought by the profession with plenty left over.”
He added: “Negotiations remain ongoing, but with our disruptive action having been paused since November to allow talks to take place, these will have to bear fruit soon.”
Last week, the Law Society of Scotland has accused the government of effectively ignoring the issue of legal aid in the final budget before the Holyrood election, despite multi-party support for an urgent uplift in legal aid fees.
Its president, Patricia Thom, stressed that MSPs across the political spectrum spoke in the Scottish Parliament earlier this month about the urgent need for a “significant uplift” in legal aid fees, and said vulnerable people were finding it increasingly difficult to get the legal help they need.
She added: “We’ve consistently highlighted the need for substantial reforms and an urgent fees uplift to put the system back on a viable and sustainable footing. If the Scottish Government cares about access to justice, it cannot afford to ignore this issue until after the election.”
Victims and community safety minister, Siobhian Brown, said: "The legal aid fund is demand-led and all costs will be met in full. The budget maintains substantial increases in legal aid fees over recent years to support the vital work of Scotland’s legal professionals.
“The legal aid fund resource budget is increasing to £170m - an uplift of £5m. An additional £0.75m has been made available this year to fund the cost of 40 legal aid traineeships.
“We are taking action to further improve the legal aid application process so funding is provided as quickly and easily as possible to those who need it.”
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