The crisis in Scotland’s legal aid system: A threat to access to justice

Solicitor Lesley Govan has practised exclusively in mental health and incapacity law for the past 12 years, operating her own practice since 2018. She reflects on the reality of the legal aid crisis, and explains why she has now made the difficult decision to stop undertaking legal aid work.

Imagine a loved one — your partner, parent, or child — suffering a life-altering event such as a brain injury from an accident, a diagnosis of dementia, or have a developmental condition like autism or a learning disability. Perhaps you or someone close to you is living with severe mental health challenges such as depression, schizophrenia, or bipolar disorder. Now, imagine that the authority to make critical decisions about their care, treatment, or even their freedom is out of your hands.

For most people, the idea that their rights—or the rights of their loved ones—could be overridden is a terrifying prospect. But there is a safeguard: legal recourse. In Scotland, the legal aid system exists to ensure that everyone, regardless of financial circumstance, can access justice when they need it most. However, this safety net is fraying, leaving vulnerable individuals and families at risk of being failed by a broken system.

The reality of the crisis

Rising costs, bureaucratic hurdles, and a lack of necessary reforms have made it more and more difficult to provide this essential service to those who need it most.

I have a deep commitment to helping individuals navigate the justice system however in  October 2024 I ceased undertaking Mental Health Act work on legal aid. In April 2025 I stopped representing adults challenging guardianship applications. I have now ceased accepting any client applications for guardianship under legal aid.

These are not decisions I took lightly from a moral standpoint, but without support and improvements to the current system, from an economic perspective it had become impossible to continue.

In Scotland, legal aid is meant to cover the costs of accessing a solicitor for those seeking legal protection for a loved one by way of welfare guardianship, or representation in respect of mental health compulsory treatment and detention. It is also meant to cover the costs of accessing a solicitor to prepare for the future by way of preparation of a Power of Attorney for those who cannot afford to pay privately.

Yet, the stark reality is that, like me, many solicitors are no longer undertaking legal aid work because  it is unsustainable under the current system. Rates of remuneration for legal aid lawyers have stagnated, while the complexity and demands of the work have only increased.

The Scottish Legal Aid Board ostensibly provides remuneration to solicitors undertaking legal aid work, but the process is fraught with challenges. Accounts submitted by solicitors are often subject to abatement, forcing them to argue and fight for payment for work already completed. This overly cumbersome and time-consuming process adds unnecessary strain to solicitors, who are already operating at significantly lower rates of pay compared to their privately funded counterparts. The result is a system that undervalues the essential work of legal aid practitioners and creates a disincentive for solicitors to take on such cases, potentially compromising access to justice for vulnerable individuals. This means fewer lawyers are available to take on cases that require expertise, empathy, and significant time investment.

Who is affected?

For individuals facing life-altering scenarios, this is not just an inconvenience; it’s a matter of life and dignity.

Without legal aid solicitors, families are left with no choice but to pay costly fees, which can range from £3,000-£5,000, or go without representation entirely. For many, this cost is insurmountable, leaving them powerless to make or challenge decisions about care, treatment, or their fundamental rights.

This crisis affects real people in profoundly personal and painful ways:

·        Parents of children with learning disabilities may struggle to arrange the support their child’s needs when transitioning to adult services.

·        Caregivers of individuals with dementia may face battles over guardianship, ensuring their loved one’s care aligns with their wishes.

·        Patients held in hospital under mental health legislation may lose their freedom without proper legal representation to examine the legality of their detention.

This list is not exhaustive and these are not hypothetical scenarios—they are lived realities for many families in Scotland.

Access to justice is the cornerstone of any fair and equitable society. Without it, the most vulnerable are left at the mercy of systems that may not act in their best interests. The legal aid system exists to ensure that no one is denied the ability to advocate for themselves or their loved ones because of financial hardship. When that system fails, society fails its most vulnerable members.

Fixing the crisis

To fix Scotland’s broken legal aid system, we need urgent action:

·        Increased Investment: Legal aid rates must be revised to reflect the true cost of providing high-quality legal representation.

·        Attracting New Talent: The legal profession must be incentivised to train and specialise in legal aid work, ensuring a steady pipeline of skilled solicitors.

·        Public Awareness: Policymakers and the public must recognise the critical role of legal aid in upholding justice and equality.

The erosion of Scotland’s legal aid system is a silent crisis with devastating consequences for individuals and families across the country. Access to justice is not a privilege; it is a fundamental right. Without immediate intervention, more and more people will find themselves priced out of justice, forced to navigate complex and life-altering legal issues alone.

I urge policymakers and stakeholders to recognise the urgency of this issue before access to justice is further eroded.

We must demand better — for ourselves, for our loved ones, and for the society we aspire to be. A Scotland that values justice must also value those who make it accessible.