Where an application for children’s legal aid is made for:
you must always complete and retain on file a Declaration Form; namely the form headed ‘CHLA/LAO – 2011 Act .’
This Declaration Form (previously referred to as ‘the Mandate’)
The Declaration Form will enable you to record key information and capture the applicant’s and solicitor’s signatures. All Declaration Forms must be:
You do not have to send us a copy of the Declaration Form but as part of our audits and quality checks, we will randomly verify that declarations have been completed and signed appropriately.
The Declaration Form must be completed and present in all files where clients are seeking legal assistance from public funds. If this is not done or the Form is incomplete you may not be paid for any work you carry out.
The nominated solicitor must also and always sign the Declaration Form when it is completed as the applicant’s solicitor. A solicitor can never sign an application Form on behalf of the applicant in addition to signing the Form as their solicitor. We do not therefore expect to see a solicitor’s signature where the applicant’s signature is asked for unless that solicitor is acting in a fiduciary or representative capacity for the applicant in addition to acting as their solicitor. We can only envisage this happening where the solicitor is acting as the applicant’s solicitor and curator ad litem in the proceedings
Legal Aid for Children’s Proceedings
Learn how to apply for legal aid for a sheriff to review a finding under section 85 of the Children (Scotland) Act 1995 and any onward appeals.