On 14 March 2023, Citizens Advice Scotland's Strong Communities Team gave evidence to the Scottish Parliament Equality Human Rights and Civil Justice Committee's session on Access to Justice. This supporting evidence was submitted in writing afterwards.
Summary of Key Points
› Scotland’s Citizens Advice network supports thousands of people across Scotland each year to understand their rights and responsibilities and seek access to justice, through holistic advice provision across a wide range of civil justice issues, including tribunal support and representation, and in-court advice projects operating in a number of CAB. However, insecure funding arrangements can pose significant obstacles for service continuity, securing outcomes for clients, and for staff retention in these vital, community-based advice services.
› CAS believes that no-one should be excluded from accessing justice on the grounds of cost, geography, digital skill level, and/or the legal specialism of their issue. Data from across the Citizens Advice network shows that these barriers to access to justice for people across Scotland still remain.
› Increasing digitisation of information, services, and legal proceedings which are vital to accessing justice can create barriers for the significant proportion of people in Scotland who do not have regular and reliable internet access – whether due to barriers of cost, digital skills and confidence, or connectivity infrastructure. While CAS supports the use of technology to enhance access to the justice system, channel choice for individuals as opposed to channel shift is vital to ensure all can access justice.
› Since 2020 the Citizens Advice network in Scotland has seen an increase in demand for advice on legal aid and accessing a practitioner, incapacity (including power of attorney), and simple procedure (particularly court documents and procedures following the introduction of civil online).
› CAS believes the Legal Aid system should help ensure that everyone who has a legal issue is able to find help to resolve it. We believe that significant reform of the Legal Aid system is required, placing the user at the heart, and shifting resources towards early intervention and prevention.