2011 Act Applications for children’s legal aid on behalf of a child

In terms of rule 3.9 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 ( as amended by the Act of Sederunt (Children’s Hearings (Scotland) Act 2011) (Miscellaneous Amendments) 2013, where a Safeguarder has been appointed under regulation 8 of the 2013 regulations a child’s application may be made on the child’s behalf by:

• the child’s relevant person
• the child’s Safeguarder
• any other representative of the child (other than a solicitor)

for proceedings under the Children’s Hearings (Scotland) Act 2011.

If we grant legal aid then your client receiving legal aid will be the child. A Safeguarder, for example, cannot receive legal aid in their own right. Children’s legal aid under the Children’s Hearings (Scotland) Act 2011 is only available to:

• a child,
• a relevant person,
• deemed relevant person,
• person seeking to be deemed relevant,
• a section “126” individual.

A Safeguarder, or indeed, any person in whose care the child is, can make and sign an application on the child’s behalf.