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 their behalf by:

  • The child’s relevant person
  • The child’s safeguarder
  • Any other representative of the child (other than a solicitor).

If we grant legal aid it is important to note, however, that 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 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.

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