Legal aid cuts could 'lead to sectioning' of wrong people

The Scottish Government will halve the travelling allowance paid to lawyers from 28 February in a move which will eventually save 2.8 million-a-year.

The decision will hit lawyers dealing with mental health cases particularly hard, because their earnings are already the lowest among lawyers. And, because three firms deal with 70 per cent of cases in Scotland, they have furthest to travel.

About 4,500 mental health tribunals are held around Scotland every year, where a decision is taken on whether to section a person for six months.

A legal source said: "This is going to lead to people being sectioned who should not be.

"Without a lawyer they will not be able to get an independent psychiatric report - that vital check in the system will not be there. Their human rights will be infringed.

"It will be cases in remote areas that will be hit hardest, but even those in the Central Belt will struggle, as there's a lack of people wanting to do the work."

Bobby Duffy, director of operations at the Scottish Association for Mental Health, said: "For people facing a mental health tribunal, legal aid represents one of few reliable avenues of support, particularly for those in hospital.

"Demand is already high for legal aid solicitors, so the further limiting of access to legal aid risks denying many people with mental health problems a vital lifeline.

"People undergoing a Mental Health Tribunal have a right to a legal representative or an independent advocate under the Mental Health (Care & Treatment) (Scotland) Act 2003."

The Scottish Government says the change to fees brings Scotland into line with England and Wales.However, mental health lawyers north of the Border say it will see them earn a maximum of 225-a-day, from which they will have to pay a secretary.

By comparison, they argue, mental health lawyers in England and Wales earn a block fee of 750.

Overall, the Scottish legal aid budget will be cut from 155m in the current financial year, to 142.3m in 2011-12.

Last year, the Scottish Legal Aid Board (Slab) paid out 3.9m to mental health lawyers, down from 4.7m in the previous year.

Ormiston's Law Practice, in Glenrothes, and Frank Irvine Solicitors in Glasgow - the two biggest providers of legal advice in mental health cases - received 871,200 and 666,000, respectively, in legal aid in 2009-10.

A Law Society of Scotland spokeswoman said: "The cuts to civil legal assistance will be hugely challenging.

"Representations have been made by several of our members practising in mental health and who are concerned about the impact of this change."

A Scottish Government spokesman said: "We have taken steps to deliver greater efficiencies across the justice portfolio, and to ensure that services are maintained we are expecting to see every service maximising efficiency.

"This includes legal aid, where we have worked with stakeholders, including the Law Society of Scotland, to identify areas where savings can be made whilst still preserving access to justice."