Legal aid in Scotland — what it covers and whether you qualify

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Legal aid in Scotland

Legal aid survives in Scotland in a form that has largely disappeared in England, particularly in family and housing work. A great many people who assume they will not qualify in fact do.

The three things called legal aid

Advice and assistance
Advice, letters and negotiation short of court; lower threshold, quicker to grant
Civil legal aid
Representation in court proceedings; means and merits tested
Criminal legal aid
Police station advice free to all; thereafter means and interests of justice

Assistance by way of representation, known as ABWOR, sits between the first two and covers representation in certain proceedings without a full civil legal aid application.

The means test

Both income and capital are assessed, with allowances for dependants and certain outgoings. The financial limits are set by the Scottish Legal Aid Board and revised, so any figure quoted online goes out of date. The only reliable answer comes from being assessed, and any solicitor doing legal aid work will run the assessment for you at the first meeting.

A contribution may be payable, either as a lump sum or by instalments. Legal aid is not always free, but it caps your exposure and the cap is usually far below the cost of the case.

The merits test

For civil legal aid the Board must be satisfied that you have a probable cause, meaning a legal basis for the case, and that it is reasonable in the circumstances for public money to be spent on it. A case that is legally sound but disproportionate to what is at stake can be refused on the second limb.

What is covered in Scotland

Family cases including divorce, financial provision, contact and residence. Protective orders including interdicts and exclusion orders, where the urgency is taken into account. Housing, including eviction and repairs. Adults with incapacity, including guardianship. Some debt and employment work through advice and assistance. Criminal defence across summary and solemn proceedings.

Injury claims are generally outside legal aid, because they are funded by no win, no fee arrangements and because Scotland’s qualified one way costs shifting removes the risk of paying the other side.

Clawback

Legal aid is often a loan against the outcome

Where property or money is recovered or preserved for you in a civil case, the Board may recover its outlay from it. In a divorce where you keep the house, that can mean a charge against the house. It is not a reason to refuse legal aid, but it is a reason to understand the position before you start rather than at the end.

Finding a solicitor who does legal aid work

Not every firm takes legal aid, and the number that do has fallen. Ask directly at the first contact, because a firm that does not do legal aid work will rarely volunteer it. Where you tell us that legal aid matters, we will only pass your details to a member firm that takes it.

A note on this page

This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.

Tell us what has happened.

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