Policy & Research

Legal

Current Work

Civil justice reform

The Scottish Consumer Council (SCC), one of our predecessor bodies, campaigned for a civil justice review for more than 25 years. In November 2005, it published The Civil Justice System in Scotland – a case for review?, the final report of the civil justice advisory group chaired by the Right Honourable Lord Coulsfield and funded by the Nuffield Foundation. The report concluded that there was a need for review of a number of important aspects of the civil justice system in Scotland.

In February 2007, the Minister for Justice announced that Lord Gill, the Lord Justice Clerk, would lead a review of the civil courts in Scotland. You can read the SCC response to the review consultation here. Following the publication of Scottish civil courts review report in September 2009, the Civil Justice Advisory Group, under the continued chairmanship of Lord Coulsfield, reconvened in early 2010 to consider some of its proposals. Given its instrumental role leading up to the civil courts review, the Group felt it was very well placed to react to the review’s proposals, and also to make its own recommendations about future courses of action. The Group’s deliberations focused principally on those aspects of the review of most direct relevance for consumers, namely those recommendations relating to pre-court measures, including improving access to justice for party litigants, the proposed ‘third -tier’ of civil jurisdiction, and new simplified procedure. The final report of the Civil Justice Advisory Group can be accessed here. More information on the work of the Civil Justice Advisory Group, including details of its consultation and consultation seminar, can be accessed from the Civil Justice Advisory Group section of the website.

Consumer Focus Scotland’s senior director, Marieke Dwarshuis, is a member of the Scottish Government’s ‘Making Justice Work’ programme board, set up in 2010. ‘Making Justice Work’ a major change programme to
manage reform across the entire justice system, with the overall aim of achieving a justice system which:

• provides an accessible framework for the prosecution of crime, the assertion of rights and settlement of disputes;
• makes cost-effective, efficient and proportionate use of resources across the whole  -
  system;
• promotes early resolution of disputes and deals with cases quickly; and  -
• has fair processes and secures just outcomes.

Legal capability/public legal education

People make decisions that have legal consequences on a daily basis. We believe that it is important that individuals are supported to act responsibly by enabling them to find out about their rights and responsibilities before taking actions that have legal consequences. Assisting people to make informed decisions is a key means of attempting
to minimise the numbers of disputes arising.

Should a dispute arise, however, it is critical that people are able to resolve this as early as possible to order to prevent their problem getting worse. Evidence suggests, however, that many people have problems identifying when they have a problem, whether potential legal remedies are available, and what remedies are most suitable. In order to ensure that people are able to deal effectively with their problems, we believe there is a clear need for more investment in public legal education to help build people’s ‘legal capability’: this means not only improving people’s knowledge of their rights, responsibilities and means of redress, but also building their skills and confidence to be able to act upon such knowledge.

In March 2009, Consumer Focus Scotland held a joint seminar with the Scottish Government which looked at how public legal education should be developed in Scotland. The public legal education seminar report can be accessed here. We intend to hold another event for stakeholders in 2011-12 and details will be available soon.

Access to justice

Everyone is likely to become involved in some kind of civil dispute during their lifetime. This might be a dispute over faulty goods, issues of divorce and care of children, property, or personal injuries suffered as a result of an accident. The law provides a wide range of rights to protect people in such situations. However, these rights are meaningless unless those who become involved in disputes have access to an appropriate, affordable, means of resolving them.

Consumer Focus Scotland has an interest in ensuring that the interests of Scottish consumers are articulated in relation to access to justice.

The providers of services such as solicitors, the courts, advice providers and others have their own, sometimes powerful, mechanisms for articulating their views, yet individual consumers are not so well organised. There is a need to ensure that policy makers receive a coherent well-argued account of the needs of consumers in relation access to justice.

Our work in this area is largely focused on:

· The civil courts and court procedures

· Mediation and other forms of dispute resolution

· Funding for legal and advice services

Our four step approach to removing barriers to access to justice is outlined in our document ‘Making Civil Justice Work for Consumers: The consumer perspective on making the civil justice system in Scotland fit for the 21st century.’

Legal and advice services

If consumers are to be able to exercise their legal rights, they need to have access to appropriate advice. Depending on the problem, this may mean going to a citizens’ advice bureau (CAB) or other advice agency, or to a solicitor. Consumers also require to use legal services when buying a home, for example, or making a will.

Consumer Focus Scotland works to ensure that the interests of Scottish consumers are articulated in relation to legal and advice services.

Consumer Focus Scotland was represented on a reference group set up by the Scottish Government to look at options for the Legal Services (Scotland) Act 2010, which will allow new structures to deliver legal services in Scotland. Consumer Focus Scotland provided written and oral evidence to the Justice committee as part of the Bill process and will provide input as appropriate as the framework for regulating new legal structures is put in place.

Please note that Consumer Focus Scotland is unable to provide individual legal advice to consumers. For advice on your rights, please go to Consumer Advice where you can find links to organisations that can help you.

Administrative justice

Consumer Focus Scotland was a member of the Administrative Justice Steering Group (AJSG), a group established by the Scottish Public Services Ombudsman (SPSO), in conjunction with the former Scottish Committee of the Council on Tribunals and with the support of the then Scottish Executive. The group’s remit was to commission research and act in an advisory capacity in the preparation of a final report to the Scottish Government on the administrative justice framework in Scotland taking account, among other things, of the likely impact of the Tribunals, Courts and Enforcement Act 2007.

The first report, considering options for the future administration and supervision of tribunals in Scotland, was published in September 2008. ‘Options for the Future Administration and Supervision of Tribunals in Scotland’ can be accessed here. The second report of the AJSG was published in June 2009. The summary of ‘Administrative Justice in Scotland – The Way Forward’ can be accessed here.

In December 2010, the Scottish Government launched the Scottish Tribunals Service, which has integrated the administrative functions of six devolved tribunals. The Scottish Government has also begun discussions with the UK Government about devolving responsibility for all tribunals operating in Scotland to Scottish Ministers. Consumer Focus Scotland will continue to work to ensure the interests of consumers are taken into account in any further reform of the tribunal system in Scotland.

Consumer rights

Today’s consumer protection laws provide consumers with a wide range of rights to protect them when things go wrong. These laws protect consumers when buying goods and services, whether on the high street, by mail order or over the internet, and taking out credit to pay for these.

It is important that these laws keep pace with:

· a changing society

· increased consumer expectations.

and that consumers are:

· aware of their rights

· confident about enforcing them.

Scotland is now subject to the Scottish, Westminster and European parliaments. It is vital that the operation of the Scottish Parliament reflects the interests of Scottish consumers. It is also crucial that Scottish consumers are not put at a disadvantage at UK and European level because of the separateness of the Scottish legal system and/or uncertainty as to whether particular issues are devolved or reserved. Consumer Focus Scotland is regularly consulted on proposed reforms to UK and EU consumer laws, and works to ensure that the interests of consumers in Scotland are taken into account.