https://www.slab.org.uk/guidance/availability-of-abwor-to-a-non-deemed-relevant-person/
https://www.slab.org.uk/guidance/availability-of-abwor-to-a-non-deemed-relevant-person/
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:
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.
We need to be satisfied that legal representation is required to allow the individual to effectively participate in the proceedings (the ‘‘effective participation‘ test)
If we give our prior approval to represent your client at a pre-hearing panel you still need to apply separately for any further full children’s hearing. If you want to represent your client at such a full hearing, you need to obtain our prior authority to provide ABWOR again.
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.
Assistance by Way of Representation for children’s proceedings
Find out when a templated increase in expenditure is available under ABWOR for 2011 Act cases including what work it covers.
Assistance by Way of Representation for children’s proceedings
Find out about the availability of ABWOR to relevant persons and deemed relevant persons in various 2011 Act proceedings, and who applies the mean/merits tests.
Assistance by Way of Representation for children’s proceedings
Section 25 of the Children (Scotland) Act 2020 introduces rights of participation (‘participation rights’) in children’s hearings for certain individuals
Assistance by Way of Representation for children’s proceedings
This page provides guidance on the ‘effective participation’ test in ABWOR. It sets out the regulatory factors considered in ‘effective participation’ and how they are assessed. These include the complexity of the case; the nature of the legal issues involved; the ability of the person to consider or challenge documents or information, and to present their views in an effective manner. It also provides information on the availability of ABWOR where the client is not present.
Assistance by Way of Representation for children’s proceedings
This page includes information on when you need to apply for a fresh grant of ABWOR, and when you can continue to provide ABWOR for a hearing under an existing grant. It also sets out our position on whether fresh applications are needed for eighth working day hearings; interim compulsory supervision orders; and pre-Hearing panels.
Assistance by Way of Representation for children’s proceedings
View hypothetical examples of when you would make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing.