General – applications to us

In terms of regulation 6 of the Children’s Legal Assistance (Scotland) Regulations 2013 children’s legal aid is available in the following appeals to the Sheriff Appeal Court and Court of Session under the 2011 Act:

  • an appeal to the sheriff appeal court or the Court of Session against a determination or decision of a sheriff
  • an appeal to the sheriff appeal court or the Court of Session against a decision of a sheriff in an appeal against a relevant person determination
  • an appeal to the sheriff appeal court or the Court of Session against a decision of a sheriff in an appeal relating to a contact or permanence
  • an appeal to the Court of Session against a determination or decision of the Sheriff Appeal Court
  • an appeal to the Court of Session against a decision of the Sheriff Appeal Court in an appeal against a relevant person determination
  • an appeal to the Court of Session against a decision of the Sheriff Appeal Court in an appeal relating to a contact or permanence order
  • an appeal to the Sheriff Appeal Court against a determination of a review, or the making of an order, by a sheriff.

Such appeals are by stated case on a point of law or in respect of any procedural irregularity. It is no longer competent to appeal to the Sheriff Principal.

An application for children’s legal aid for these appeal proceedings should be made using the “Sheriff Principal/Court of Session” tab.

This guidance does not apply to appeals against a decision of a children’s hearing under S154 of the 2011 Act. These are sheriff court applications for children’s legal aid and are dealt with in separate guidance.

Appeals to the sheriff appeal court and Court of Session under the 2011 Act can be at the instance of:

  • a child
  • relevant person
  • deemed relevant person
  • section 126 individual (in certain appeals only)
  • your client seeking relevant person status or where they have had their relevant person status taken away from them (in certain appeals only).

The Reporter may also appeal and these persons above can apply for legal aid to respond to such an appeal.

Such an appeal must be made within 28 days of the decision in question.

There is no specific time limit for applying for legal aid but it is recommended that such applications are made as soon as possible.

If we have granted special urgency for any steps in the appeal proceedings, such as drafting the application to the sheriff to state their case, then you must submit an application for Children’s legal aid within 28 days of the commencement of the specially urgent work. If you do not so, you cannot get paid for this work in terms of Regulation 18 of the 2013 Regulations.

We will continue a full application for legal aid if we require further information or documentation such as the draft or final Stated Case.

 

See our guidance on solicitor and applicant signatures.

 

 

Multiple applications not required

In this section

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Multiple applications not required

Find out if you need to submit separate legal aid applications for each child when representing a relevant person or other adult individual in a 2011 Act appeal

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application directly by a child

When a child may apply for legal aid to respond to 2011 Act or Age of Criminal Responsibility (Scotland) Act 2019, to Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application made by a representative (other than you as the child’s solicitor) on behalf of a child

Find out who can apply for legal aid on behalf of a child to make or respond to a 2011 Act or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application by a safeguarder

Find out if a safeguarder can apply for children’s legal aid to make or respond to 2011 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application by a curator ad litem for 2011 and 2019 Act appeals to the Sheriff Appeal Court or Court of Session

Find out if a curator ad litem can apply for children’s legal aid to make or respond to 2011 or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is a child

Read about the statutory tests for applying for legal aid for appeals to the Sheriff Appeal Court and Court of Session (where your client is a child).

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a relevant person/deemed relevant person

Read about the statutory tests for appeals to the Sheriff Appeal Court or Court of Session where your client is a relevant person/deemed relevant person.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is seeking deemed relevant person status or has been undeemed relevant

View the legal aid criteria for appeals to Sheriff Appeal Court/Court of Session when your client is seeking deemed relevant person status or has been undeemed

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual

What are the statutory tests for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual?

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Other rights and facilities

Learn what other rights or facilities might affect whether your client can get legal aid for an appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Supporting information you should send with the application for an appeal under the 2011 Act

Find out what documents and information you should send with an application for legal aid for a 2011 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

2011 Act appeals from the Sheriff Appeal Court to the Court of Session

2011 Act appeals from the Sheriff Appeal Court to the Court of Session and the difference if your client had a grant of legal aid at the Sheriff Appeal Court

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Representations from the Children’s Reporter (or other party) in a 2011 Act appeal

Find out if we intimate legal aid applications to other parties and what happens if the Reporter lodges objections to your client’s 2011 Act appeal application.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

2011 Act appeals raised by the children’s Reporter

Find out about applying for legal aid to oppose a 2011 Act appeal by the Reporter.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Grants of legal aid subject to conditions

Find out about when we may grant legal aid subject to conditions.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Review of refusal of legal aid or conditions attached to grant of legal aid

Find out if you can ask for a review if we refuse legal aid or attach conditions to a grant.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

No payment can be claimed after successful appeal after refusal of legal aid

Find out if you can be paid under legal aid after a successful appeal when it was refused.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Legal aid cover where there is a successful 2011 Act appeal and a remit to the sheriff court for disposal

Find out how to get legal aid when an appeal has been successful and the Sheriff Appeal Court/Court of Session have remitted back to the sheriff for disposal.