Availability of ABWOR to a ‘non-deemed relevant person’ under the 2011 Act

This is an individual to whom S79(2)(a)(i) of the Children’s Hearings (Scotland) Act 2011 refers, that is a person who is seeking to be deemed to be a relevant person.

An individual who is seeking to be deemed relevant (referred to as a ‘non deemed relevant person’ (NDRP)) can be provided with ABWOR for:

• A pre-hearing panel meeting that has been convened to determine such a claim in terms of Section 79(2)(a) of the Children’s Hearings (Scotland) Act 2011.
• Any children’s hearing at which a determination is to be made as regards that individual in terms of Section 81 of the Children’s Hearings (Scotland) Act 2011

As a pre-condition, ABWOR will only be available if the individual satisfies the financial test and you receive our prior approval to provide ABWOR.

For an applicant that is aged 18 or over, we need to be satisfied that legal representation is required to allow the individual to effectively participate in the proceedings (the’ ‘effective participation‘ test) before we can grant them ABWOR.

If the applicant is under 18 years of age, then ABWOR will be granted without any financial or merits test.

When ABWOR is granted, you will be given an initial level of authorised expenditure of £550 for the hearing. If you require more then you will require to submit an increase request explaining why more is required.

If ABWOR is granted to represent your client at a pre-hearing panel where the applicant is deemed relevant then you still need to apply separately for another grant of ABWOR to represent the applicant at any further full children’s hearing. If you want to represent your client at such a full children’s hearing. You will need to obtain our prior authority to provide ABWOR again if your client is 18 years of age or over. Where the client is under 18 years of age you will also require to submit a fresh ABWOR application for the full hearing but this will not be subject to any financial or merits tests.

If your client, who is seeking deemed relevant person status, is not so deemed at a pre hearing panel or at the beginning of a full hearing, or where your client who was a deemed relevant person is no longer deemed to be a relevant person (‘undeemed’) at a subsequent pre hearing panel or at the beginning of a subsequent full children’s hearing, then the grant of ABWOR in place for them will fall. ABWOR will no longer be available to your client from the point that determination is made.

If it becomes apparent that your client has not been deemed to be a relevant person or is no longer deemed to be a relevant person we cannot pay you for any further representation. However, we will pay you for all reasonable and necessary costs and outlays associated with your return to your office in association with your client seeking relevant person status.