Application directly by a child

A child is entitled to apply for legal aid on their own behalf without the help or intervention of any other person. The child must have the maturity and capacity to give you instructions directly to act as their solicitor.

You must form a view of the child’s general understanding of what it means to instruct you.

You may consider that:

  • An individual child under 12 has such a general understanding and feel able to accept instructions directly from them.
  • A child of 12 or more does not have a general understanding of what it means to instruct you. In that event you should look to the parent/guardian or any safeguarder appointed for instructions.

If your client is aged 12 or more:

  • We will assume that you have satisfied yourself that the child has a general understanding of what it means to instruct you.
  • Your application will be registered automatically in the name of the child.

If the client is aged under 12:

  • You will be asked if you are satisfied that the child has a general understanding of what it means to directly instruct you.
  • If you are not satisfied, you will not be permitted to proceed.
  • If you are satisfied, we may still query this with you and ask you for further information at the application and payment stages.

Unless you are acting in a representative capacity, a child of, say six months, cannot give direct instructions to you acting as a solicitor.

Multiple applications not required
Application made by a representative (other than you as the child’s solicitor) on behalf of a child

In this section

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

General – applications to us

Find out about availability of children’s legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session, and relevant application procedure.

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

Multiple applications not required

Find out if you need to submit separate legal aid applications for each child when representing a relevant person or other adult individual in a 2011 Act appeal

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

Application made by a representative (other than you as the child’s solicitor) on behalf of a child

Find out who can apply for legal aid on behalf of a child to make or respond to a 2011 Act or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.

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

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

Find out if a curator ad litem can apply for children’s legal aid to make or respond to 2011 or 2019 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

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 section 126 individual

What are the statutory tests for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual?

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

Other rights and facilities

Learn what other rights or facilities might affect whether your client can get legal aid for an appeal to the Sheriff Appeal Court or Court of Session.

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

Supporting information you should send with the application for an appeal under the 2011 Act

Find out what documents and information you should send with an application for legal aid for a 2011 Act appeal to the Sheriff Appeal Court or Court of Session.

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

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

2011 Act appeals from the Sheriff Appeal Court to the Court of Session and the difference if your client had a grant of legal aid at the Sheriff Appeal Court

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

Representations from the Children’s Reporter (or other party) in a 2011 Act appeal

Find out if we intimate legal aid applications to other parties and what happens if the Reporter lodges objections to your client’s 2011 Act appeal application.

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

2011 Act appeals raised by the children’s Reporter

Find out about applying for legal aid to oppose a 2011 Act appeal by the Reporter.

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

Grants of legal aid subject to conditions

Find out about when we may grant legal aid subject to conditions.

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

Review of refusal of legal aid or conditions attached to grant of legal aid

Find out if you can ask for a review if we refuse legal aid or attach conditions to a grant.

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

No payment can be claimed after successful appeal after refusal of legal aid

Find out if you can be paid under legal aid after a successful appeal when it was refused.

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

Legal aid cover where there is a successful 2011 Act appeal and a remit to the sheriff court for disposal

Find out how to get legal aid when an appeal has been successful and the Sheriff Appeal Court/Court of Session have remitted back to the sheriff for disposal.