https://www.slab.org.uk/guidance/table-of-fees-3/
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Home
Legal aid guidance
Children's Guidance
Children's Legal Aid
Legal Aid for Children’s Proceedings under the 2011 Act
General scope of children’s legal aid
Children’s Hearings (Scotland) Act 2011
Availability of children’s legal aid
Online declaration/your client’s declaration
Other proceedings for which children’s legal aid is not available
Exclusion Orders – S76 to 80 of the Children (Scotland) Act 1995
Distinct proceedings for legal aid purposes
Sheriff Court Applications for children’s legal aid
General – applications to us
Cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required
Application directly by a child for children’s legal aid for children’s court proceedings
Application for children’s legal aid on behalf of a child
Application for children’s legal aid by a safeguarder
Applications for children’s legal aid by a curator ad litem
Statutory criteria for legal aid for sheriff court proceedings where your client is a child
Statutory criteria for legal aid for sheriff court proceedings where your client is a relevant person or deemed relevant person
Statutory criteria for legal aid for sheriff court appeal proceedings relating to deemed or undeemed relevant person status
Statutory criteria for legal aid for sheriff court appeal proceedings where client is a section 126 individual
Other rights and facilities
Supporting information you should send with application for children’s legal aid for sheriff court proceedings
Conditions on grants of legal aid
Review of refusal of legal aid or conditions on the grant of legal aid
Financial Assessment
Financial conditions
Period of computation
Resource of partners
How we calculate income
How we assess capital
Undue Hardship
Contributions
Special circumstances which may affect financial assessment
Appeals to the Sheriff Appeal Court and Court of Session
General – applications to us
Multiple applications not required
Application directly by a child
Application made by a representative (other than you as the child’s solicitor) on behalf of a child
Application by a safeguarder
Application by a curator ad litem for appeals to Sheriff Appeal Court or Court of Session
Statutory criteria for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is a child
Statutory criteria for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is a relevant person/deemed relevant person
Statutory criteria for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is seeking deemed relevant person status or has been undeemed relevant
Statutory criteria for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual
Other rights and facilities
Supporting information you should send with the application
Appeals from the Sheriff Appeal Court to the Court of Session
Representations from the Children’s Reporter (or other party)
Appeals by the children’s reporter
Grants of legal aid subject to conditions
Review of refusal of legal aid or conditions attached to grant of legal aid
No payment can be claimed after successful appeal after refusal of legal aid
Legal aid cover where there is a successful appeal and a remit to the sheriff court for disposal
Special Urgency
Special Urgency cover for steps in court proceedings before a decision is made on a legal aid application
The Declaration
Guidance on applying for cover for special urgency
Availability of special urgency cover after full legal aid is refused
Sanction applications before a grant of full legal aid is made
Status of your client
Legal aid application must be submitted within 28 days of commencement of urgent work
Extent of a grant of special urgency
What happens if your client does not comply with our requests for information?
Procedures after legal aid is granted
What work requires prior sanction from us?
General guidance on sanction for counsel
Applying for sanction for counsel
Factors that may justify the employment of junior counsel
Sanction for senior counsel acting alone or with junior counsel in children’s court proceedings
Instructing a solicitor advocate instead of an advocate
What work will sanction for counsel cover?
When you need sanction to employ an expert
Applying for sanction to employ an expert
Selecting an appropriate expert
Prior approval required for experts and limitations on their costs
Sanction for unusual expenditure or work likely to involve unusually large expenditure
What information should be provided in support of an application for sanction for unusual expenditure or work likely to involve unusually large expenditure?
Sanction for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses
Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter
Viewing a Joint Investigative Interview (JII)
Reconsideration of sanction refusals or part grants
Changes of nominated solicitor and withdrawing from acting
High cost or complex cases
High cost and complex cases
Dedicated staff members in high cost/complex cases
When we may contact SCRA and other parties regarding high cost and complex cases
Case management meetings between us and a party or parties in a high cost/complex case
Changes in circumstances and withdrawal of legal aid
Duty to report change of circumstances
Duty to report abuse of legal aid
Our power to amend assessment
Suspension of legal aid
Termination of legal aid on change of circumstances
Termination of children’s legal aid other than on change of circumstances
Termination of legal aid in cases of false or incomplete information
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