You must apply for sanction online and provide all the information requested.  In a case of exceptional urgency and where you do not have immediate access to appropriate facilities for online application you may apply by telephone. You should then promptly send us the online application, if we grant or part grant your application over the telephone.

Information to be provided with an application for employment of counsel

Once you have identified the need for counsel, you should apply to us for approval to employ counsel as soon as possible.  The request should:

  • Be accompanied by all the relevant papers (uploaded as attachments to the online application).
  • Highlight any relevant issues in the Statement of Grounds, Grounds  of Appeal , Stated Case or other documents to allow us to give the issues proper and detailed consideration.

Relevant papers

You should attach to the application copies of the papers listed below (unless you have already sent them to us in an earlier request for legal aid or sanction).  If the papers are not available when you submit the sanction application, you should explain why to avoid continuations and resulting delays.

We need the following papers:

For an application to the sheriff to vary or terminate a Child Protection Order under S48 of the 2011 Act
  • Copy of said application (if available).
  • Copy of original Application for Child Protection Order made by the Local Authority.
  • Copy of the Child Protection Order granted.
  • Copy of continued Child Protection Order at second working day hearing.
  • Copy panel members’ reasons for decision at second working day hearing.

 

For an application to the sheriff to extend or vary an interim compulsory supervision order
  • Copy of said application (if available) made by the Reporter.
  • Copy of current interim compulsory supervision order in place.
  • Copy of panel members’ reasons for granting and/or continuing an interim compulsory supervision order or previous court interlocutor.

 

For an application to the sheriff for a finding as to whether Statement of Grounds are established under S101 of the 2011 Act (i.e. a “statement of grounds” proof):
  • Copy of the disputed Statement of Grounds and alleged supporting facts.
  • Copy of the provisional Reporter’s Witness List (if available).
  • Copy of provisional Reporter’s Production List (if available and appropriate).
  • Copy of provisional list of witnesses for your client (if appropriate).

 

For an application to the sheriff for review of a grounds determination under S110 of the 2011 Act (i.e. a “fresh evidence” proof)
  • Copy of said application (if available).
  • Copy of established statement of grounds that you seek to review.
  • Copy of any fresh evidence (for example an expert report) subsequently obtained and in support of the application for the review.
For an appeal to the sheriff against the decision of a children’s hearing under S154 of the 2011 Act
  • Copy of the Grounds of Appeal themselves.
  • Copy of panel members’ written reasons for the decision that is subject to the appeal.

 

For an appeal to the Sheriff Appeal Court or Court of Session
  • Copy of sheriff’s judgement appealed against (if one was so issued).
  • Copy of Statement of Grounds if the appeal relates to the sheriff’s decision in respect of them.
  • Copy of previous Grounds of Appeal if the appeal relates to a sheriff’s decision in relation to this.
  • Copy of the written Application to the sheriff to state a case.
  • Copy of the final Stated or draft Stated case stated by the sheriff.

 

For an appeal to the Court of Session from the Sheriff Appeal Court
  • Copy of interlocutor by the Sheriff Appeal Court granting leave to appeal.
  • Copy of Sheriff Appeal Court’s judgement appealed against (if one was so issued).
  • Copy of Statement of Grounds if the appeal relates to the Sheriff Appeal Court’s decision in respect of them.
  • Copy of sheriff’s final Stated Case which the Sheriff Appeal Court considered.
  • Copy of the written application to the Sheriff Appeal Court to state a case for the Court of Session.
  • Copy of Sheriff Appeal Court’s final Stated or draft Stated Case.

 

For an application to the sheriff for review of a decision or determination imposing a duty on a local authority
  • Copy of said application (if available).
  • Copy of compulsory supervision order, interim compulsory supervision order or medical examination order showing the duty imposed on the local authority.
  • Copy of panel members’ reasons for decision to impose duty on local authority.

 

In all the types of children’s court proceedings listed above, you should highlight or identify sections in the papers submitted that you are relying on in the sanction request.

You should also give:

  • Full reasons why the employment of counsel is considered appropriate.
  • A detailed explanation of the background and any complex, novel or unusual issues
  • A detailed explanation of the relevant circumstances that actually arise in the case, rather than a broad reference to the proceedings being complex, difficult or novel.

If any of these supporting papers are missing, we may reject or refuse the application.

If we need any additional papers, not listed above we will let you know this without rejecting your application.

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