Other rights and facilities

In addition to the statutory and regulatory tests outlined in this chapter, we must in all cases be satisfied in terms of regulation 15 of the Children’s Legal Assistance (Scotland) Regulations 2013 that your client does not have any other rights and facilities available to them, making legal aid unnecessary. This includes cases where your client has a reasonable expectation of receiving financial or other help from a body with which they are associated. If we are not satisfied on these matters, we must refuse legal aid unless there is special reason for making it available.

However, we may grant legal aid if such rights, facilities or help has not been made available to your client after they have taken, in our opinion, all reasonable steps to enforce or get them (short of taking proceedings by way of declarator).

If we are prepared to grant legal aid but your client has a reasonable expectation of receiving financial help towards the cost of the case, they must give a written undertaking to pay us any sum received from such a body.

Other rights or facilities could include:

  • Assistance from Local Authorities
  • Assistance from the Police Federation

You must ensure that you ask your client about all potential sources of funding before applying for legal aid.  If we discover that such funding exists and this was not brought our attention, we will consider terminating any grant of children’s legal aid.

Statutory criteria for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual
Supporting information you should send with the application

In this section

Appeals to the Sheriff Appeal Court and Court of Session

General – applications to us

Find out about the availability of children’s legal aid for appeals to the Sheriff Appeal Court and Court of Session, and relevant application procedure.

Appeals to the Sheriff Appeal Court and Court of Session

Multiple applications not required

Find out whether you need to submit a separate legal aid application for each child where you represent a relevant person or other adult individual in an appeal

Appeals to the Sheriff Appeal Court and Court of Session

Application directly by a child

Find out when a child may apply on their own behalf for legal aid to make or respond to an appeal to the Sheriff Appeal Court or Court of Session.

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 an appeal to the Sheriff Appeal Court or Court of Session.

Appeals to the Sheriff Appeal Court and Court of Session

Application by a safeguarder

Find out whether a safeguarder may apply for children’s legal aid to make or respond to an appeal to the Sheriff Appeal Court or Court of Session.

Appeals to the Sheriff Appeal Court and Court of Session

Application by a curator ad litem for appeals to Sheriff Appeal Court or Court of Session

Read about whether a curator ad litem can apply for children’s legal aid to make or respond to an appeal to the Sheriff Appeal Court or Court of Session.

Appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals 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)

Appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 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.

Appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals 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 un-deemed

Appeals to the Sheriff Appeal Court and Court of Session

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

Learn about the statutory tests for legal aid for appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual.

Appeals to the Sheriff Appeal Court and Court of Session

Supporting information you should send with the application

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

Appeals to the Sheriff Appeal Court and Court of Session

Appeals from the Sheriff Appeal Court to the Court of Session

Learn about 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

Appeals to the Sheriff Appeal Court and Court of Session

Representations from the Children’s Reporter (or other party)

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

Appeals to the Sheriff Appeal Court and Court of Session

Appeals by the children’s reporter

Find out about applying for legal aid to oppose an appeal by the reporter.

Appeals to the Sheriff Appeal Court and Court of Session

Grants of legal aid subject to conditions

Read about when we may grant legal aid subject to conditions.

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.

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.

Appeals to the Sheriff Appeal Court and Court of Session

Legal aid cover where there is a successful 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.