https://www.slab.org.uk/guidance/2011-act-applications-for-childrens-legal-aid-by-a-safeguarder/
https://www.slab.org.uk/guidance/2011-act-applications-for-childrens-legal-aid-by-a-safeguarder/
In terms of rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 (as amended), where a Safeguarder has been appointed to act as a Safeguarder they cannot also act as the advocate or the solicitor for the child in the proceedings.
Therefore a Safeguarder who is a practising solicitor must instruct another solicitor to act on behalf of the child if they conclude that the child in question requires legal representation in the court proceedings. The solicitor instructed to act on behalf of the child by the Safeguarder will be the nominated solicitor for the purpose of legal aid and the application for legal aid. Where this occurs then as always, we will consider the application on its own facts and circumstances and apply the relevant statutory criteria.
The Safeguarder’s details will be completed in the “Representative Details” section of the online application form.
If we grant legal aid, to the child then the nominated solicitor will be paid for all reasonable and necessary work carried out on behalf of the child. However, we cannot pay the Safeguarder for any work carried out. Safeguarders are currently paid for their work by Children 1st.
Sheriff Court Applications for children’s legal aid
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Sheriff Court Applications for children’s legal aid
Find out how to determine if a child can apply for legal aid on their own behalf: assessing ‘general understanding of what it means to instruct a solicitor’.
Sheriff Court Applications for children’s legal aid
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 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
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 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
Information and supporting documentation you need to send with a sheriff court legal aid application for various court hearing types under the 2011 Act.