Review of refusal of legal aid or conditions attached to grant of legal aid

Under section 28H of the Legal Aid (Scotland) Act 1986, we have to establish a procedure that allows:

  • Your client to apply for a review of our decision to refuse them children’s legal aid.
  • Your client to apply for a review of a condition(s) applied to their legal aid grant.

Where an application is refused, you can submit a review application of this refusal for consideration. If this remains refused, the procedure is at an end unless any new issues that come to light.

You can ask us to review a condition applied to a grant at any time.

Grants of legal aid subject to conditions
No payment can be claimed after successful appeal after refusal of legal aid

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

Other rights and facilities

Learn what other rights or facilities might affect whether your client can get legal aid for an appeal to the Sheriff Appeal Court or Court of Session.

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

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.