Applying for approval for counsel in children’s proceedings

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You must apply for approval 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 an 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 the 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 with all the relevant papers (uploaded as attachments to the online application) if they have not already been uploaded on the case at an earlier stage
  • highlight any relevant issues in the Statement of Grounds, Grounds  of Appeal, Stated Case and/or other documents to allow us to give the issues proper and detailed consideration
  • if you upload any documents, such as productions or expert reports, then you must draw our attention to the relevant parts in the application. Simply uploading lengthy documents without doing this will not assist your application.

In the application itself you must:

  • be clear what level and number of counsel you are seeking. For example, one junior counsel
  • be clear what you are seeking counsel to do.  For example, to conduct the proof or appeal or provide a written Opinion
  • give a detailed explanation of the case’s background
  • give full reasons why the employment of counsel is considered to be appropriate in the particular circumstances of your case. The factors we take into consideration are explained fully in this section of legal aid guidance
  • specifically outline  any complex, novel and/or unusual issues in the case
  • give 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  and/or making a broad reference to the case having Convention right’s implications.
General guidance on approval for counsel
Factors that may justify the employment of junior counsel

In this section

Procedures after legal aid is granted

What work requires prior approval from us for 2011 Act proceedings?

Find out what work needs our prior approval

Procedures after legal aid is granted

General guidance on approval for counsel

Find guidance on approval for counsel, including when using counsel is appropriate.

Procedures after legal aid is granted

Factors that may justify the employment of junior counsel

Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.

Procedures after legal aid is granted

Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings

Find out what factors we will consider in deciding whether to grant approval for combinations of junior and senior counsel

Procedures after legal aid is granted

Instructing a solicitor advocate instead of an advocate

Find out whether a solicitor advocate can be instructed in children’s proceedings and how to apply for sanction to instruct a solicitor advocate.

Procedures after legal aid is granted

What work will approval for counsel cover in 2011 Act court proceedings?

Find out what work will be covered if approval is granted to instruct counsel for proofs, appeals, opinions and other hearings.

Procedures after legal aid is granted

When you need approval to employ an expert

Find out when you need approval to employ an expert including the difference between an expert witness and a witness as to fact.

Procedures after legal aid is granted

Applying for approval to employ an expert

Find out how and when to apply for approval including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.

Procedures after legal aid is granted

Selecting an appropriate expert

Find out about how to identify a suitably qualified expert.

Procedures after legal aid is granted

Prior approval required for experts and limitations on their costs

Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.

Procedures after legal aid is granted

Approval for unusual expenditure or work likely to involve unusually large expenditure

Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for approval for such work.

Procedures after legal aid is granted

What information should be provided in support of an application for approval for unusual expenditure or work likely to involve unusually large expenditure?

Find out what documents/information should be provided when applying for approval for unusual expenditure or work likely to involve unusually large expenditure.

Procedures after legal aid is granted

Approval for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses

Find out whether you need prior approval to use special measures to assist child and vulnerable adult witnesses.

Procedures after legal aid is granted

Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter

Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions

Procedures after legal aid is granted

Reconsideration of approval application refusals or approval part grants

Find out whether you can ask us to reconsider an approval application which has been refused or only granted in part.

Procedures after legal aid is granted

Changes of nominated solicitor and withdrawing from acting

Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.