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.

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