Examples of when you should make a fresh grant or application for ABWOR or where an increase request is required for the next hearing in 2011 Act proceedings

The following examples are given to show where you should make a fresh application for ABWOR, rather than applying for an increase in authorised expenditure.

Example 1

My client is a grandmother of two children, and I was granted authority from SLAB to provide her with ABWOR and represent her at a pre-hearing panel meeting convened under s79(2)(a)(i) of the 2011 Act. At this pre-hearing panel she was held to be a relevant person as she has now received notification from the Reporter to attend a s69(2) of the 2011 Act Grounds of Referral/Statement of Grounds hearing. She wishes me to represent her at this full hearing where the Statement of Grounds will be put to her as she has now been deemed to be a relevant person.

a fresh grant of advice and assistance is needed here, and you will require to apply to us for prior approval to provide ABWOR at this grounds hearing.
the previous authority given to represent your client at the pre-hearing panel does not continue to this full unspecified hearing as this full hearing following the pre-hearing panel is separate and distinct.
the fact that the “effective participation” test was met to attend the pre-hearing panel meeting to discuss relevant person status does not mean that the “effective participation” test will necessarily be met for this Statement of Grounds hearing

Example 2

I was instructed to act on behalf of a child who is 13 years old as the duty solicitor as she did not have a solicitor of her own and a Child Protection Order had been granted in respect of her. As I was the duty solicitor, I represented this child at the second working day hearing and the Child Protection Order was continued to the eighth working day hearing. This child has instructed me to attend the eighth working day hearing with her when the Statement of Grounds will be put to her and her parents. The child wants me to represent her at this eighth working day hearing.

as you were appointed to act as the duty solicitor you will receive payment for attendance at the second working day hearing under automatic legal aid
If the child wants you to represent her at this eighth working day hearing then you need to make an AWBOR application to us. There will be no financial and no merits tests to be satisfied as she is a child
an application for ABWOR is required because you are now the child’s solicitor of choice at this eighth working day hearing
this grant of ABWOR will remain in place until the child is placed on a full Compulsory Supervision Order (and not interim CSO) or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs

Example 3

I was instructed to represent my client at a second working day hearing after her six month old child had been taken into care by way of a Child Protection Order that was granted by a sheriff. I provided ABWOR to my client at this second working day hearing as she was financially eligible and I was also satisfied that she met the effective participation merits criteria. My client now wishes me to represent her at the eighth working day hearing.

as you had ABWOR in place for the second working day hearing and the subject child has not yet been placed on a full (not interim) CSO then this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs.

Example 4

I was instructed to represent my client at a second working day hearing after the sheriff had granted a Child Protection Order in respect of her newborn baby. I provided ABWOR to my client at this second working day hearing as she was financially eligible and I was also satisfied that she met the effective participation merits test. My grant of ABWOR for this hearing was subsequently approved by SLAB. My client then disappeared, and I was unable to contact her. She has now come back to see me and has asked if I can represent her at a remit from court hearing to consider whether her child should be placed on a Compulsory Supervision Order. The grounds had been denied at the eighth working day hearing which I did not attend or seek ABWOR for and they were then upheld by the sheriff. I wish to represent my client at this remit hearing.

as you had ABWOR in place for the second working day hearing and the subject child has not yet been placed on a full (not interim) CSO then this grant of ABWOR remains in place until this occurs or the hearing is discharged
it does not matter that you did not represent this mother at the eighth working day hearing
you can apply for to us increases in authorised expenditure for this hearing and each subsequent hearing until the child is placed on a full CSO or the hearing is discharge.

Example 5

I have met with my client who is the father of a two year old boy. A Child Protection Order was granted by the sheriff, and my client advises me that a second working day hearing took place today where the children’s hearing varied the CPO so that my client could not have any contact with his son. My client wishes to apply to the sheriff in terms of S48 of the 2011 Act to seek to have the CPO terminated, or at least varied to allow him to have contact with his son.

ABWOR is available to represent your client at this application before the sheriff assuming that your client is financially eligible and that you have satisfied yourself that the merits test of effective participation has been satisfied
when you submit this ABWOR application to us you will be granted £550 initial authorised expenditure which should be enough for this hearing. If it is not considered enough then you need to submit an increase in authorised expenditure request and explain to us why additional funding may be required
this grant of ABWOR will remain in place until the child is placed on a full (not interim) CSO unless the sheriff terminates the CPO in which case the grant of ABWOR stop.
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs.
Children’s non automatic legal aid is also available for a S48 application and if you wish to apply for this, instead of ABWOR, for this hearing then you can do so. If legal aid is granted it will end when the sheriff makes his determination. If there are any further children’s panel hearings, such as an eighth working day hearing, then you will require to have ABWOR in place for these hearings.

Example 6

My client’s S48 hearing before the sheriff as outlined above was partially successful in that the CPO was varied to allow my client contact with his son the following day. My client has now received notification from the Reporter of the eighth working day hearing to consider statement of grounds, which he strongly denies. My client wishes me to represent him at this eighth working day hearing.

assuming you had a grant of ABWOR in place for the S48 Application hearing before the sheriff, and not children’s non automatic legal aid, then this grant of ABWOR will remain in place until the child is placed on a full (and not interim) CSO or the hearing is discharged.
if you have insufficient expenditure in place left, you can apply to us for an increase in authorised expenditure for this eighth working day hearing and for each subsequent hearing until this occurs.

Example 7

I was given prior approval to provide ABWOR to my client who is a relevant person to represent her at an eighth working day hearing. She denied the Statement of Grounds which were referred to the sheriff court for proof. The hearing then made an interim compulsory supervision order in respect of her two year old daughter and this is due to expire next week. I wish to attend this hearing convened by the Reporter to consider whether a further interim compulsory supervision order should be made pending the outcome of the Grounds application in court.

as you had ABWOR in place for the eighth working day hearing and the subject child has not yet been placed on a full (not interim) CSO then this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs
you can apply to us for children’s legal aid in respect of the s101 statement of grounds proof in the sheriff court

Example 8

I was given prior approval to provide ABWOR to my client who was a relevant person to represent her at a statement of grounds hearing. The grounds were referred to the sheriff court for proof. After proof, the sheriff held the grounds established and remitted the case back to a hearing to consider placing her child on a compulsory supervision order. I wish to attend this next hearing and represent my client.

as you had ABWOR in place for Grounds hearing and the subject child has not yet been placed on a full (not interim) CSO then this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs

Example 9

The above remit hearing took place, and the hearing has been deferred for a report from a Safeguarder. I wish to represent my client at this deferred hearing.

as you had ABWOR in place for the remit form court hearing and the subject child has not yet been placed on a full (not interim) CSO this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply for increases in authorised expenditure for each subsequent hearing until this occurs.

Example 10

My client, who is a relevant person, has instructed me to represent her at a continued (deferred) children’s hearing. Statement of Grounds were denied at a children’s hearing in October, and the Grounds were referred to court for proof. The sheriff held the Grounds established and remitted them back to a children’s hearing. That hearing has been continued for a Safeguarder’s report as the panel are considering placing my client’s child into foster care. This is the first hearing that I wish to represent my client at as she has only just instructed me.

as this is the first time you wish to represent your client at a children’s hearing you will require to submit an ABWOR application to us
you will need our prior approval to provide ABWOR
you should submit the online ABWOR, or uplift to ABWOR, application to us for approval assuming your client qualifies financially for advice and assistance (unless you client is under 18 years of age in which case a financial test and merits does not apply)
this grant of ABWOR will then continue in place until a decision is made on a full (not interim) CSO
you can apply for increases in authorised expenditure for each subsequent hearing until this occurs

Example 11

I am representing a client who is a relevant person. She has asked me to represent her at a hearing as at her last hearing the panel members advised her that she should instruct a solicitor. The Social Work Department requested the hearing which concerns her two children.

as this is the first time you wish to represent your client at a children’s hearing you will require to submit an ABWOR application to us
you will need our prior approval to provide ABWOR
you should submit the online ABWOR, or uplift to ABWOR, application to us for approval assuming your client qualifies financially for advice and assistance (unless you client is under 18 years of age in which case a financial test and merits test does not apply)
this grant of ABWOR will then continue in place until a decision is made on a full (not interim) CSO
you can apply for increases in authorised expenditure for each subsequent hearing until this occurs

Example 12

The hearing above has been deferred to a future date as the foster carers were unwell and unable to bring the children to the hearing that day.

as you have ABWOR in place for the previous hearing and a decision has not yet been made on a full (not interim) CSO, this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs.

Example 13

The deferred hearing above took place and the children’s compulsory supervision orders have been varied so in that the children are now required to reside with their father. My client wishes to appeal this decision to the sheriff and I wish to give her advice on this process.

the grant of ABWOR that you had in place has come to an end as a decision has been made on full CSO’s
a fresh grant of advice and assistance needs to be made to advise your client on the appeal application as this relates to a court proceeding that is a distinct proceeding in terms of regulation 6(1) (f) of the 2013 regulations.

Example 14

The sheriff refused the appeal above and I concluded that the sheriff made an error in law in reaching her decision. My client wishes to appeal the sheriff’s decision to the Sheriff Appeal Court and I wish to give her advice on this process.

assuming you had legal aid in place for the S154 appeal before the sheriff this has now come to an end as the sheriff has made her decision
a fresh grant of advice and assistance is needed as the advice to be given and work to be carried out relates to a separate court appeal proceeding that is a distinct proceeding in terms of regulation 6(1) (j) of the 2013 regulations.

Example 15

The Sheriff Appeal Court allowed the appeal above and has now remitted the case back to the sheriff for disposal. I wish to advise my client about this process and represent them at the disposal hearing before the sheriff..

if your client was granted legal aid for the proceedings before the sheriff that were appealed to the Sheriff Appeal Court, then no advice and assistance is needed as that grant of legal aid should be used to advise and represent your client at this remit hearing before the sheriff.
if your client did not have legal aid for the original appeal proceedings before the sheriff then you can grant advice and assistance to your client and thereafter apply for children’s legal aid to attend the disposal hearing before the sheriff

Example 16

I am representing my client who is a 15 year old boy. I provided ABWOR to him eight weeks ago at a “specified custody hearing” where he appeared from a place of safety after the alleged commission of an offence. At that hearing he accepted the offence Statement of Grounds and the panel members varied his Compulsory Supervision Order adding a condition of residence with foster carers. This placement is not going well and the Social Work Department have now called for a review of the children’s hearing.

you require to submit a fresh application for ABWOR to us as the previous grant of ABWOR that you had for this client came to an end when the full CSO was varied at the last hearing
as the client is under 18 years of age there will be no financial test and no merits test to satisfy

Example 17

I represented my 21 year old client at a Statement of Grounds hearing and SLAB approved ABWOR for me to represent her at this hearing. My client denied the grounds and the matter has now been referred to the sheriff court for proof. At the statement of grounds hearing an interim compulsory supervision order was made specifying that my client’s child is to reside with foster carers. This interim order is due to expire next week and another children’s hearing has been fixed to consider whether to continue it or not as the court proof has still not taken place. I wish to represent my client at this ICSO extension hearing.

as you had ABWOR in place for the Statement of Grounds hearing and the subject child has not yet been placed on a full (not interim) CSO then this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for each subsequent hearing until this occurs.

Example 18

I represent a client who appealed a decision of a children’s hearing to issue an interim Compulsory Supervision Order and the sheriff has upheld the appeal and remitted the matter to a children’s hearing for disposal. I was given prior authority to provide ABWOR by SLAB for the previous hearing where the interim CSO was made and which my client then appealed. I was also granted children’s legal aid for the appeal proceedings before the sheriff. I now wish to represent my client at this remit children’s hearing.

as you had ABWOR in place for the hearing that issued this interim CSO which was successfully appealed to the sheriff and there has been no decision made on a full (not interim) CSO, this grant of ABWOR remains in place until this occurs or the hearing is discharged
you can apply to us for increases in authorised expenditure for any further deferred hearings until this occurs or the hearing is discharged
if you do apply for an increase in expenditure for this disposal hearing make it clear to us that this appeal concerned an interim CSO rather than a full CSO.
had the appeal concerned a full CSO then a fresh application would be required for this disposal hearing as a decision was made on a full CSO at the last hearing.
If you were not in receipt of ABWOR for the hearing that issued the interim CSO that was appealed then you will require to submit a fresh application for ABWOR to us for this disposal hearing.

Example 19

I am representing a client who has successfully appealed a decision of a children’s hearing to reduce a condition of contact on a Compulsory Supervision Order before the sheriff. The sheriff has upheld the appeal and remitted the case back to a children’s hearing for further consideration. I was given prior authority to provide ABWOR from SLAB for the hearing that was then appealed, I was also granted children’s legal aid for the appeal proceedings before the sheriff. I now wish to represent my client at this remit children’s hearing.

you will require to submit a fresh application for ABWOR for this disposal hearing. This is because a decision was made on a full ( and not interim) Compulsory Supervision Order at the last hearing which was appealed to the sheriff.

Example 20

I represent a client who was granted ABWOR to attend a review children’s hearing at my client’s request. At this hearing the panel varied the condition of contact on the Compulsory Supervision Order but also called for an early review hearing in two months’ time to see how this was going. I wish to represent my client at this next early review hearing requested by panel members.

you will require to submit a fresh application for ABWOR for this early review hearing. This is because a decision was made on a full ( not interim) Compulsory Supervision Order at the last hearing .

Example 21

I represent a client who was granted ABWOR to attend a review children’s hearing at my client’s request. At this hearing the panel varied the condition of contact on the Compulsory Supervision Order and reduced the condition of contact with my client to once per fortnight. My client wishes to appeal to the sheriff against this decision in terms of S154 of the 2011 Act and I have submitted a sheriff court application for legal aid in that respect. Pending the actual outcome of the appeal my client also wants me to request another children’s hearing to seek the suspension of the hearing’s decision in terms of S158 of the 2011 Act.

you will require to submit a fresh application for ABWOR for this suspension hearing . This is because a decision was made on a full (not interim) Compulsory Supervision Order at the last hearing.

When fresh grants of advice and assistance (not ABWOR) are required in 2011 Act Proceedings