CAS responded to the above consultation by the Scottish Government.

Key points from our response:

• CAS does not agree with the suggested minimum 10% increase across all court fees in Scotland from 1 November 2024. We have serious concerns about the negative impact of the proposed uplift in court fees on the realisation of the public’s right of access to justice, especially for those on lower incomes, those who are vulnerable and/or share a protected characteristic.
  While it is legitimate for the government to impose fees for bringing court proceedings, no-one should be excluded from accessing justice on grounds of cost. Enabling everyone to protect and enforce their rights by seeking resolution before independent courts where necessary constitutes an essential component of the rule of law, which benefits society as whole. The constitutional right of access to the courts for all can therefore not simply be reduced to the potential benefit for the individual court user who should pay to use it.
• Any (uprating of) court fees should be assessed against the real risk that people could effectively be prevented from having access to justice. Whether a minimum 10% uplift across all court fees in Scotland for 2024-25 is realistically affordable for all, must be considered in the context of significant inflationary pressures and the current cost of living crisis which continues to negatively affect the great majority of people in Scotland.
• At a time when there are many people having to make difficult decisions about heating or eating, about keeping the lights on or using medical equipment necessary to manage chronic illness, paying their bills or their rising rents and mortgages, many potential litigants would likely struggle to raise the current court fees, regardless of the proposed 10% increase to fees. It is important to emphasise that access to justice is not only at risk where access to the courts is completely impossible but also where fees could render it practically futile or irrational to bring an arguable claim or defend one’s rights and seek justice before the courts.
• We also do not agree with the proposed additional 10% on certain civil court fees. It remains unclear why these specific fees have been selected for a further uplift and what the additional 10% increase is based on. No explanation or justification is offered in the consultation paper.
• An evidence-based approach to the issue of fee increases is required. A balance has to be struck between genuinely incurred cost increases on the part of the courts system and the implications of any suggested fee increases on those who need to seek access to the courts. We believe introducing a minimum 10% uplift to all Scottish court fees from 1 November 2024 would likely act as a substantial barrier to accessing justice. The proposal should, therefore, be abandoned.

To read the response in full, please download the document below. 

CAS recently responded to the Right to Palliative Care (Scotland) Bill proposed by Miles Briggs.

The Right to Palliative Care (Scotland) Bill consultation was proposal for a Members Bill to give people of all ages living with terminal illness and residing in Scotland a legal right to palliative care.

The proposal is that Scotland should be a place where dying, death and bereavement are talked about openly, people can plan and discuss their care wishes, and everyone affected has the best possible end of life experience which reflects what is most important to them. It proposes an explicit law that people of all ages living with terminal illness(es) residing in Scotland would have a legal right to palliative care.

We responded in support of the proposed Bill, urging for a person-centred approach to end of life care. 

Download the publication below: 

A number of principles underpin our 2024/25 workplan. 

First, it’s evidence-based. Our influencing priorities reflect the issues affecting people who access advice from the network. Our quantitative and qualitative evidence alerts us in real time to emerging issues faced by Scotland’s citizens and our expert Impact Team uses this as the basis to advocate for people and influence changes to policy and practice. 

Second, our approach is solutions-focused and outcomes based. This is embedded through a theory of change model outlined within this workplan. With unique and unparalleled evidence comes the responsibility to make it count. By focusing on solutions and outcomes we give ourselves the best chance of delivering change. 

Third, the workplan is not all we do. While this is an annual workplan we recognise that the Citizens Advice network acts as a warning system through live data and insight. That real-time evidence base allows us to be agile and responsive – new issues will and do emerge. Like many organisations, we have a broad remit but finite capacity – we take a thematic approach to ensure that we focus our attention on areas where we are well placed to make most difference. 

Finally, while this is an annual workplan we recognise that priorities can and do stretch into multi-year. The outcomes we seek to deliver are not restricted to activity over a 12-month period. Addressing problems that are often entrenched and long-standing will not happen overnight – much of the essential work in terms of priming the evidence base and establishing relationships has been built up over several months and years. This means we are well placed to secure the change we need to see.

Download the publication below: 

Citizens Advice Scotland has responded to Ofgem's Call for Input on affordability and debt. 

The key points are:

• CAS supports a write-off of energy debt and the implementation of a social tariff
• Our data shows the scale and harm of energy debt is getting worse.
• The average energy debt clients present to the CAB network is around £2300. For clients in rural areas, it is around £3000.
• CAS recommends that Ofgem looks at how other regulators help customers in debt.

You can download and read the full response below:

CAS generally supports the measures set out, particularly around the ending of the assured tenancy
regime, which currently creates a two-tier system for private renters, and increases the complexity
of providing accurate housing advice. We also particularly welcome the proposals around using
unclaimed tenancy deposits for supporting private tenants. Amongst other proposals made as to the
use of these funds, we suggest that these funds could also be used for local authorities to provide
mandatory training for landlords.

Download the publication below: 

Citizens Advice Scotland has responded to Ofgem's discussion paper on future price protections. 

The key points are:

• Energy remains unaffordable for many people despite the price cap
• Ofgem should maintain price protections, especially for customers in vulnerable situations
• Future price protections will require careful design and implementation

You can download and read the full response below:

Our Recommendations

• The re-introduction of Scottish Child Payment as “Childhood Assistance” not anchored to the reserved benefit system is an opportunity to re-imagine how this new benefit might more effectively target child poverty.
• Consideration should be given to tapering eligibility as earnings are introduced or increase and the inclusion of a fair work allowance. The Regulations should allow for an adjustment to be made for one set of wages to be reallocated to another assessment period where two wages have been included in the one assessment period.Such tapering would ideally achieve a balance between an earnings allowance and tapering that does not incentivise keeping hours below a cut off point but does provide support to calculate in advance the impact of changes to enable predictable budgeting.
• Consideration should be given to tapering eligibility as children turn sixteen but are still under the age of nineteen.
• The new payment must maintain its current administrative simplicity but be sufficiently needs targeted as to capture those not currently able to access reserved means tested benefits, including those in receipt of Maternity Allowance, some students, young parents, and those with no recourse to public funds (NRTPF).   
• Access to the new Scottish Child Payment through Social Security Scotland’s Local Area Delivery Teams should be upscaled to become a starting point to developing a holistic, “no wrong door” approach to integrating early years support.

Download the publication below: 

The download is a record of Citizens Advice Scotland’s response in collaboration with the Office of the Immigration Services Commissioner (OISC) as part of a review into the structure of the fees charged by the OISC to its registered organisations.

Download the publication below: 

CAS welcomes the introduction of the Housing Bill to the Scottish Parliament and are keen to work with all parties to help the Bill realise its full potential.

Download the publication below: 

AS responded to the above consultation by the Ministry of Justice.

Key points from our response:

• CAS is wholly opposed to proposals to reintroduce issue fees for claimants at Employment Tribunals (ET) as well as appeal fees at the Employment Appeal Tribunal (EAT).
• CAS is highly concerned that the consultation questions suggest considerations of increased fees beyond those proposed in this current consultation once the principle of charging fees is established in the employment tribunals system.
• We urge the Ministry of Justice to ensure access to justice for all is improved in the ET system, by alleviating the power imbalance between employees and workers on the one hand and employers on the other, providing increased support and guidance especially for unrepresented claimants, as well as simplifying enforcement of ET awards. 

To read the response in full, please download the document below: