Lay representation in Scotland's civil courts

Citizens Advice Scotland and Shelter Scotland strongly recommend that the status of lay representatives should be officially recognised in Scotland’s civil justice system.

Key recommendations :

1. The definition of 'lay representative' should be clarified. A review of the definition of lay representatives should take into account the duality of current practice: those who undertake the role as a one-off and those who undertake the role as a career.

2. Specific training should be delivered to Sheriffs and Summary Sheriffs on lay representation. This should include training on both one-off lay representatives and those who undertake the role as a career with the aim of promoting acceptance of lay representatives through understanding what they can do to help court process. Lay representative should be a defined role in Scottish civil courts.

3. This would promote the work of lay representatives and ensure that their role in court is more widely understood throughout the legal system.

4. Lay representatives should be given additional rights of appearance in civil courts. This should include conducting proofs. Currently lay representatives can make oral submissions in rent arrears cases, but cannot cross examine. If a case reaches proof the lay representative cannot conduct the proof.

5. Training for lay representatives should be provided.
This should include training on court conduct and training on specific issues, e.g. eviction for rent arrears and money and debt. It would be beneficial if this training was provided by one body, and if the training met the National Standards. This could take the form of an SQA qualification.

6. The Scottish Government should explore the options for the accreditation of lay representatives. This could involve individual organisations accrediting lay representatives – similar to the process used for lay representatives appearing under Home Owner and Debtor Protection (Scotland) Act 2010 – or a form of registration managed by a single body. Formal accreditation would provide a degree of quality assurance for court staff, solicitors and the judiciary in a minimum standard of quality which should be expected from a lay representative. Consideration should be given to a complaints structure for consumers within this framework.

7. The Scottish Government should facilitate a network and association for lay representatives. This would enable additional professional development in addition to training and opportunities for peer support.