Section 14(1)(b) of the Legal Aid (Scotland) Act 1986 requires us to be satisfied that it is reasonable in the particular circumstances of the case that your client should receive civil legal aid. This test gives us a very wide discretion.
Our statutory responsibility is to assess whether your client has probable cause and whether it is reasonable to make legal aid available. We will not prejudge issues that are matters for the court to decide.
We will only grant applications that meet the tests for probable cause and reasonableness set out in our guidance. We would encourage you to send us applications that are fully complete to avoid continuations or refusals followed by review, including relevant information where your client’s protected characteristics relate to the case in the context of the factors we assess.
While we cannot have an exhaustive list of the circumstances which would meet the reasonableness test, this guidance tells you about the key issues you should address.
Before we can grant civil legal aid we must consider: