Legal aid reform: discussion paper

Programme of work

A programme of work for 2025-2026 is set out below summarising the work we expect to initiate in 2025. The first priority is to begin engagement with stakeholders on draft regulations and associated impact assessments. Achievement of these legislative changes will depend upon a number of factors including the timetable of work agreed by the Scottish Parliament and its committees.

We will re-initiate fee review planning and collaborate with stakeholders on reform of legal fees in 2025.

We will take the same collaborative approach to developing detailed proposals for future primary legislation, working with SLAB, private and third sector stakeholders to explore the key areas of diversifying funding methods and embedding users’ voices, including trialing different approaches to funding and service delivery.

Along with these strategic development proposals, we will also collaborate with stakeholders on additional judicare reform proposals that require longer term planning and/or primary legislation to enact, such as making Advice and Assistance available for all children without financial eligibility or merits testing. These parallel approaches will deliver meaningful improvements in the short term while also building collaborative relationships, refining our proposals and shaping the requirements of a future Bill.

Immediate reform priorities

Develop draft regulations for consultation

From March 2025

Collaborate with stakeholders and develop an agreed plan for fee review

By summer 2025

Laying regulations in Scottish Parliament

End of 2025

Longer term reform priorities

Engage with wide range of stakeholders to develop, trial and test longer-term proposals, including:

• Diversifying funding methods
• Embedding user voice
• Longer-term judicare reforms

Throughout 2025