Edinburgh Women's Aid raises concerns as some domestic abuse cases boycotted by solicitors during legal aid dispute with the Scottish Government

An Edinburgh charity has raised concerns about the impact of the dispute between Scottish solicitors and the Scottish Government over legal aid funding.

The Scottish Solicitors Bar Association announced on Monday that they will now be refusing cases where section one of the Domestic Abuse (Scotland) Act 2018 is alleged.

This section aims to tackle coercive control in abusive relationships.

In a statement, the SSBA has said these cases “are inherently complex and involve significantly more work than most summary cases” adding that the current legal aid system does not cover this level of work.

Linda Rodgers, CEO of Edinburgh Women’s Aid commented on the decision, saying: “We are very aware of the issues with legal aid, which already make it harder for women and children affected by domestic abuse to get the justice they deserve through both the criminal and civil justice system, and we agree that there needs to be an overhaul of the system, however we see day in and day out women’s struggles with the criminal justice system and the impact delays already have.

"We are seriously concerned about the impact this boycott will have on the safety and security of women and children living with abuse.”

The SSBA have said that “as a profession, we cannot undertake complex cases for a fixed fee rate which was set decades ago and was never intended to include such complex and lengthy cases.”

A Scottish Government spokesperson said: “We are aware of the further disruptive action planned by the profession, and that this will target specifically cases involving some of the most vulnerable victims and those accused who are explicitly barred from representing themselves.

Edinburgh Women's Aid raises concerns as some domestic abuse cases boycotted by solicitors during legal aid dispute with the Scottish Government

“We have provided a 5 per cent increase to all legal aid fees in 2021, with a further 5 per cent increase from April this year. An offer of a further increase of up to 7.5 per cent has been rejected by the profession.

"It is simply not possible to provide the 50 per cent increase sought by the profession.

“The Cabinet secretary met with the Law Society president last week to discuss options to move this agenda forward, including a proposal for mediation or conciliation. This offer remains in place.”