Legal Matters Scotland
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21st November 2025

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IMMIGRATION
Migrants barred from welfare until citizenship is granted
New plans outlined by the Home Secretary will see migrants barred from claiming benefits until they have been granted British citizenship. Shabana Mahmood said: "Migration will always be a vital part of Britain’s story. But the scale of arrivals in recent years has been unprecedented. To settle in this country forever is not a right, but a privilege, and it must be earned." Migrants are currently eligible for benefits as soon as they gain settled status – which takes about five years – but the new rules mean migrants will face a wait of up to 30 years to be granted settled status, after which time they will have to apply for citizenship before they can claim benefits. This could take another one to three years. However, people earning more than £125,140 and those on global talent and innovator founder visas will be able to settle after three years, while people earning more than £50,270 will have a five-year path. "I am replacing a broken immigration system with one that prioritises contribution, integration and respect for the British sense of fair play," Mahmood explained. The plans were opposed by the Refugee Council, which said they "would risk trapping people who have fled war and persecution in three decades of instability and stress at the very moment they need certainty to rebuild their lives."   

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THE LAW
Transgender guidance sparks fierce backlash
The Equality and Human Rights Commission's (EHRC) leaked guidance suggests that transgender women may be questioned about their access to single-sex services based on appearance and behaviour. Critics, including Jude Guaitamacchi of Trans+ Solidarity Alliance, have labelled it a "misogynist's charter." The guidance follows a Supreme Court ruling that trans women are not legally recognised as women under the Equalities Act. Children's minister Josh MacAlister acknowledged the complexity of the issue, stating: "These are massive issues" that require careful consideration. Education secretary Bridget Phillipson stressed the need for balance between women's rights and respect for trans individuals.
No change in the law to support drug consumption rooms
The UK Government has rejected recommendations made by the Commons Scottish Affairs Committee that reserved legislation be altered to create a legal framework for the establishment of more legal drug consumption rooms in Scotland. The UK Government said it "does not support drug consumption rooms or the expansion of facilities at The Thistle to enable users to inhale drugs and has no plans to make legislative changes to enable the provision of such paraphernalia as part of its operation". Chair Patricia Ferguson said the committee had heard "that the facility's current legal footing is precarious and not a substitute for proper regulation", adding that given "the scale of Scotland's crisis, the UK Government shouldn't take any option that could help reduce deaths off the table".
Labour MPs call for equal access to justice under Hillsborough Law
Euan Stainbank, Falkirk MP, and eight other Scottish Labour MPs have urged First Minister John Swinney to ensure equal access to justice under the forthcoming Public Office (Accountability) Bill, known as the Hillsborough Law. They expressed concern that the Scottish Government has not confirmed non-means-tested legal aid for inquiries involving public authorities, unlike in England and Wales. Stainbank stated: "It would be completely unacceptable if Scottish families were denied the same legal support as those in England and Wales." The MPs warn that this could create a significant gap in access to justice for bereaved families in Scotland.
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COVID
Devolved administrations 'too dependent' on Westminster in pandemic
The UK COVID-19 Inquiry has published a major report into the decision-making of the UK Government and devolved administrations during the pandemic - with the report finding that devolved administrations, including in Scotland, were too reliant on Westminster and put "inadequate" responses in place early in 2020. While then-First Minister Nicola Sturgeon activated the Scottish Government Resilience Room, the report notes, between January and March "there appears to have been no real strategy other than monitoring the situation". "Although the inquiry acknowledges that they were entitled to rely upon advice and assistance from the UK Government in combatting an unknown common threat", the report concludes, "the devolved administrations became too dependent on the UK Government response, which resulted in each devolved administration being significantly underprepared for what was to come." In Scotland, the report notes, the creation of a "Gold Command" group of the First Minister, senior ministers and advisers, which met separately from Cabinet without formal minutes being taken, "diminished the role of the Scottish cabinet and reduced the transparency of decision-making".
INDUSTRY
Scheme aims to help smaller firms bridge the technology gap
The Law Society of Scotland has launched a scheme aimed at helping smaller law firms adopt practical and affordable technology to improve their operations and client services. Developed with Hey Legal founder Ally Thomson, the LawscotTech Bridge Builder programme will offer tailored consultations to up to 40 firms with fewer than 40 solicitors. The initiative responds to a recent survey highlighting the sector’s uneven access to digital tools and seeks to match firms with solutions suited to their size and needs.
CASES
Three charged over funeral director scandal
Police Scotland officers, supported by colleagues in North Wales, have arrested three people at addresses in Flint, Wales, and Bishopbriggs in East Dunbartonshire in connection with the scandal over the mishandling of cremated remains and fraud at A Milne Funeral Directors. A criminal investigation into the firm, Operation Koine, was launched last May, and Detective Superintendent Robert Bowie thanked "everyone who has come forward with information on this investigation and members of the public for their continued support".
Families seek damages over school carbon monoxide leak
East Dunbartonshire Council is contesting nearly 30 civil damages claims after a carbon monoxide leak at Balmuildy Primary School in 2020, which earlier led to the authority being fined for health and safety breaches. Parents say children suffered symptoms including vomiting, fainting, headaches and nausea, and fear the long-term effects of prolonged exposure. Families argue they were kept in the dark about failures in safety checks, while the council insists it maintained regular communication and has robust monitoring systems in place.
Woman admits killing three men in car crash
A 21-year-old woman, Jorja Colville, has admitted causing the deaths of her three passengers after crashing a Ford Focus near Falkirk last July while speeding in excess of 85mph. The victims - Reece Williams, 23, Lewis Soden, 24, and Connor Page, 21 - died when the car left the road and struck a tree. Colville pleaded guilty to causing death by dangerous driving at the High Court in Edinburgh and will be sentenced on 8 January in Stirling, with the judge saying a prison term was "inevitable."
TAX
Taxman chases teacher turned OnlyFans star
A former Glasgow physics teacher who quit after pupils discovered her OnlyFans account has been listed by HMRC as a "deliberate tax defaulter," owing more than £64,000 in unpaid tax and penalties. Kirsty Buchan, who posted under the name 'Jessica Jackrabbit,' previously claimed to have earned £60,000 in a month from the site. HMRC says she failed to pay nearly £39,000 in tax for 2022–23, along with more than £25,000 in penalties.
 


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