The following offices are distinct from a solicitor’s office, even when one person acts in a dual capacity (see Henderson –v- Henderson 1194 SCLR 553 and Nugent –v- Nugent Glasgow Sheriff Court 1998 unreported):
A person appointed to act as a safeguarder and/or curator ad litem in 2011 does not need not be a practising and registered solicitor. In such a role, you will not provide legal services to the child or adult.
Children’s legal aid is defined in section 28B(2) of the Legal Aid (Scotland) Act 1986 (inserted by the 2011 Act) and consists of representation by a solicitor and, where appropriate, counsel in various proceedings under the 2011 Act which are listed at section 28B(3). It includes all assistance a solicitor or counsel usually gives in the steps preliminary or incidental to such proceedings.
We can only pay for the provision of legal services (legal representation and assistance) by you or counsel and not for work carried out by a safeguarder or curator. .
Scottish Ministers make provision for the payment of safeguarders expenses, fees and allowances. Currently the Scottish Government has contracted this function to Children 1st.
There is no statutory payment mechanism for a curator ad litem. As you will note from this guidance we cannot pay a curator.
Availability of Advice and Assistance
This page includes a list of example questions you may want to ask clients when assessing their financial eligibility for advice and assistance, and relevant information you should see. It includes questions to ask child applicants; married or cohabiting applicants; and applicants with more than one dwelling house. It also covers the issue of deprivation of resources, and what to do if the client is unable to answer these questions at a first meeting.