Legal aid review ‘ignoring’ disability

Disabled people will be discriminated against despite an independent review of legal aid, the head of Scotland’s first social enterprise legal practice has said.

Daniel Donaldson, director and solicitor of Legal Spark, said this week’s review of legal aid services in Scotland ignored difficulties of disabled people working part-time or in receipt of contribution-based benefits, who can be asked to make a financial contribution to legal aid.

Mr Donaldson, whose firm participated in the review and presented evidence, said while he welcomed the reduction of red tape, disabled people would have to “pay the state” to challenge disability discrimination.

“The review failed to address this inadequacy. This is extremely disappointing and frustrating.

“Overall, the law says disabled people are protected from discrimination, but what use is this when it cannot be enforced?

“Cases involving disability discrimination will fail because the Scottish Legal Aid Board and the Scottish Government will not provide the necessary financial support to allow solicitors to professionally and competently represent their disabled clients.”

Mrdonaldsonaddedthatthe review ignored its obligations to disabled people under both the Equality Act 2010 and the UN Convention of the Rights of Persons with Disabilities.