Under consideration PE2241: Introduce Legal Services Payment Orders to improve access to justice in Scottish family law
Calling on the Scottish Parliament to urge the Scottish Government to consult on and introduce legislation creating Legal Services Payment Orders in Scottish family law, so courts can stop financial control or economic abuse from preventing fair access to legal advice, representation, and justice.
Background information
Economic abuse can continue after separation when one party controls money, assets, disclosure, housing, or legal funding. In family proceedings, this can prevent the other party from getting advice, challenging non-disclosure, seeking protection, or negotiating a fair settlement.
UK evidence shows 1 in 7 women has experienced economic abuse from a current or former partner, and specialist evidence reports economic abuse in around 95% of domestic abuse survivor cases. Laws alone are not enough if financial control prevents survivors from accessing justice.
Legal aid may not provide a practical route to representation, and public funds should not be the default where family resources exist but are controlled by one party. A Legal Services Payment Order, as is used in England and Wales, would give courts a discretionary, evidence-based and proportionate tool to prevent financial control from blocking justice, while protecting children, families, courts and publicly funded legal support.
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