Application by a curator ad litem for 2011 and 2019 Act appeals to the Sheriff Appeal Court or Court of Session

Find out whether a curator ad litem can apply for children’s legal aid to make or respond to a 2011 or 2019 Act appeal to the Sheriff Appeal Court or Court of Session and when they can receive payment for the legal work they do as a solicitor.

If the sheriff has appointed a curator ad litem to act for a child or an incapable adult applicant there is nothing to prevent a curator ad litem from acting as both the curator to the child or adult and a solicitor to the child or adult (unlike where you are appointed to act as a Safeguarder to the child).

If you, as a curator, decide to act in this dual capacity then you can apply to us for legal aid on behalf of your client.

Therefore, you:

  • Should complete the solicitor details section and the representative details section in the application form.
  • will be both the nominated solicitor and the applicant’s representative by virtue of your appointment as a curator ad litem.

However, we can only pay for charges applicable to actual legal representation and not for any work you carry out in a purely curatorial capacity.

For example, the following charges will not be paid from the Fund, as they fall under the remit of the curator:

  • charges relating to drafting a written report as a curator for the sheriff
  • charges associated with observing contact visits
  • charges associated with spending time with other children, relevant persons or carers/individuals and keeping them updated of matters.

Curator to child instructing separate solicitor to act as solicitor to child

It is also open for a curator to instruct a separate solicitor to act for the child or incapable adult.  This separate solicitor will be the nominated solicitor for the purposes of legal aid and the application for legal aid.

In the application form:

  • The curator’s details will be inserted into the representative’s details section
  • The application is made by the separate solicitor instructed by the curator to represent the child or incapable adult

If we grant legal aid to the child or incapable adult in these circumstances, we will pay the nominated solicitor for all reasonable and necessary work carried out.

We cannot pay the curator for any work carried out.  Unlike the position for safeguarders, there is no statutory payment mechanism for a curator ad litem.

Application by a safeguarder
Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is a child

In this section

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application by a safeguarder

Find out if a safeguarder can apply for children’s legal aid to make or respond to 2011 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is a child

Read about the statutory tests for applying for legal aid for appeals to the Sheriff Appeal Court and Court of Session (where your client is a child).

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a relevant person/deemed relevant person

Read about the statutory tests for appeals to the Sheriff Appeal Court or Court of Session where your client is a relevant person/deemed relevant person.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is seeking deemed relevant person status or has been undeemed relevant

View the legal aid criteria for appeals to Sheriff Appeal Court/Court of Session when your client is seeking deemed relevant person status or has been undeemed

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