Gillian Fyfe on a crisis in Stirling, Falkirk and Clackmannanshire
How would you feel if you couldn’t get help with a legal issue because of where you lived or the specific nature of the problem?
The answer is probably angry, upset, and frustrated. Now how would you feel if you knew you were entitled to support via Legal Aid and still couldn’t get help? Probably even more angry, upset and frustrated.
Unfortunately, this is reality for many people in Scotland. We see this time and time again in the Citizens Advice network with people unable to find a local legal aid solicitor who will take on their case. And often this can be the people who need help the most, at the time they most need it. It could be to prevent them being evicted, to leave or end an abusive relationship, or settle a dispute. All potentially life changing situations for people - yet they cannot get the legal help they need and deserve.
During 2024 Scottish CAB advisers fielded queries on legal aid from 2,000 individuals. Those individuals were more likely to be female, younger, in part-time employment or unable to work due to ill-health/disability, a single parent, separated from a legal partnership or divorced, and to live in remote areas.
Add to this an inability to find a Legal Aid solicitor able and willing to help and this leaves many vulnerable people in challenging circumstances. Like Mhari who visited a North of Scotland CAB. Mhairi (not her real name) had left her abusive partner and wished to end the marriage. She was a full-time carer to her son, living on benefits. She was eligible for Legal Aid, but she could not find a solicitor to help her. Mhairi felt trapped and unable to move on with her life.
There are many parts of Scotland where this is a problem. Forth Valley is one example. Stirling CAB this week published a report on the issue, the findings of which are pretty stark.
It found that in that area (Stirling, Falkirk and Clackmannanshire) there are 17 registered solicitors, but only eight are registered provide Legal Aid for civil cases. So, for an area of over 300,000 people that’s just eight solicitors to deal with any civil Legal Aid case.
Compare this to Aberdeen or Dundee which have smaller populations, but they have support from university-led law clinics, law centres, and a Civil Legal Assistance Office.
Forth Valley has none of that support, which leads to what Stirling CAB calls a Legal Aid desert, and a huge gap that needs to be urgently addressed.
Stirling CAB is following up its report by leading discussions on this to improve Legal Aid and access to justice provision in their area, and we know improvements need to be made to tackle Legal Aid deserts elsewhere in Scotland too.
We are pleased that the Equalities, Human Rights and Civil Justice Committee in the Scottish Parliament is looking at this issue. Hopefully this, alongside the Scottish Government’s recent Legal Aid discussion paper, leads to meaningful change to ensure everyone can access justice.
Gillian Fyfe is head of strong communities at Citizens Advice Scotland.
This column was first published in the Herald www.theherald.co.uk
