Ian Maxwell

Twenty per cent of those who responded to the survey who were eligible for legal aid said they had to represent themselves because they could not find a solicitor. By comparison, the same question in the 2022 user survey was two per cent.

A further 22 per cent in 2024 said they were eligible for legal aid but were forced to pay as private clients because they could not find a solicitor to take on their case.

Shared Parenting Scotland national manager, Ian Maxwell, said: “We have been publicising the catastrophic decline in legal aid capacity over several years, but these figures from our user survey are extraordinary. 

“We see legal aid deserts in parts of Scotland. They are consistent with the impression we have increasingly at our monthly group meetings, where upwards of half the parents in the room say they have had to become party litigants. 

“They report a spectrum of responses from sheriffs and opposing solicitors from courteous to irritated and downright hostile.”

“Our preferred solution is to find ways of resolving disagreements about sharing the parenting of their children after divorce or separation out of the adversarial approach of the courts completely. We are seeing major innovations south of the border, including government vouchers to fund mediation before a court action can start. 

“This scheme reports that upwards of half of those parents find their own solutions without needing to go on to court. It seems to save money, save court time and leaves both parents standing at the end of the process. But while the Scottish system remains as it is, there is clearly an access to justice crisis that needs to be addressed. It can’t be right that a legal aid system is in place without lawyers available to make it work.”