Application directly by a child for children’s legal aid for 2011 Act children’s court proceedings

A child is entitled to apply for legal aid without the help or intervention of any other person. The child must be able to give instructions to you directly to act as their solicitor.

Where we grant legal aid to the child in this circumstance, we will pay you for all reasonable and necessary work carried out for the child.

If a child directly consults you on a children’s matter, under the 2011 Act or Part 4 of the 2019 Act, you must form a view of the child’s general understanding of what it means to instruct a solicitor.

  • You may consider that an individual child under 12 has such a general understanding, and feel able to accept instructions directly from them. In such a circumstance you can make an application for legal aid on their behalf and, if granted, provide that child with legal representation.
  • You may consider a child of 12 or more does not have a general understanding of what it means to instruct a solicitor.  If so, the presumption otherwise applying for a child of that age under the Age of Legal Capacity (Scotland) Act 1991 will, in effect, be rebutted.  In such a circumstance you cannot act directly for the child and on their instructions and you cannot therefore provide them with children’s legal assistance. Under the 2011 Act a Safeguarder can be appointed by a hearing or the court to safeguard the child’s interests in the proceedings where that child cannot directly instruct a solicitor to represent them.

If you send us an application for legal aid made by a child aged 12 or more, we will assume you have satisfied yourself that the child has a general understanding of what it means to instruct a solicitor and your application will be automatically registered in the name of the child.

If you submit an application made by a child aged under 12, you will be asked if you are satisfied that the child has a general understanding of what it means to instruct a solicitor.

2011 Act cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required
2011 Act Applications for children’s legal aid on behalf of a child

In this section

Sheriff Court Applications for children’s legal aid

General – applications to us

Find out who you must apply to when seeking children’s legal aid for children’s court proceedings, and which court proceedings are covered under the 2011 Act.

Sheriff Court Applications for children’s legal aid

2011 Act cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required

Find out how many legal aid applications you should submit in a case concerning multiple children, in context of conjoined court hearings under the 2011 Act.

Sheriff Court Applications for children’s legal aid

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

Read about who can apply for children’s legal aid on behalf of a child and relevant legislation under the 2011 Act.

Sheriff Court Applications for children’s legal aid

2011 Act applications for children’s legal aid by a Safeguarder

Find out about the rules on Safeguarders applying for children’s legal aid and the consequences of Safeguarders instructing another solicitor to act.

Sheriff Court Applications for children’s legal aid

Applications for children’s legal aid by a curator ad litem

Find out if a curator can also act as solicitor for the client, if their work is covered by children’s legal aid and if a curator instruct a separate solicitor.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a child

This page provides information on the statutory criteria we apply when assessing applications for children’s legal aid by children in sheriff court proceedings under the 2011 Act.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a relevant person or deemed relevant person

Statutory criteria for assessing children’s legal aid (relevant or deemed relevant person as applicant) under 2011 Act: financial eligibility, reasonableness.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court appeal proceedings relating to deemed or undeemed relevant person status

Find out about the statutory application criteria for sheriff court appeal proceedings relating to deemed or undeemed relevant person status.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court appeal proceedings under the Children’s Hearings (Scotland) Act 2011 where a client is a section 126 individual

Statutory assessment criteria for sheriff court appeal proceedings under 2011 Act where your client is a section 126 individual, incl. effective participation.

Sheriff Court Applications for children’s legal aid

Other rights and facilities

Find out what other rights or facilities might mean your client does not qualify financially for children’s legal aid.

Sheriff Court Applications for children’s legal aid

Supporting information you should send with application for children’s legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011

Information and supporting documentation you need to send with a sheriff court legal aid application for various court hearing types under the 2011 Act.

Sheriff Court Applications for children’s legal aid

Conditions on grants of legal aid

Find out about the conditions that we may attach to grants of children’s legal aid.

Sheriff Court Applications for children’s legal aid

Review of refusal of legal aid or conditions on the grant of legal aid

Find out about how to apply for a review of our decision where legal aid is refused or granted with conditions.