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

Under regulation 8 of the Children’s Legal Assistance (Scotland) Regulations 2013 a child’s legal aid 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 you acting as a solicitor). This category of person could include a curator ad litem who has been appointed by the court to act as such an officer and who may or may not be a practising solicitor.

The assisted person receiving legal aid will always be the child.  A safeguarder or a curator ad litem cannot receive legal aid in their own right.

Children’s legal aid is only available to:

  • A child
  • A relevant person
  • A deemed relevant person,
  • A person seeking to be deemed relevant
  • A section “126” individual

A safeguarder, curator ad litem or indeed any other representative of the child (other than a solicitor) can, however, make and sign an application on the child’s behalf.

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