Supporting information you should send with application for children’s legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011

When applying for legal aid for sheriff court proceedings, it is important to provide evidence to support the assertions made and to satisfy the merits tests.

Statements or Precognitions

In all applications for children’s legal aid, we do not need a formal statement or precognition from your client outlining their position. If you complete the statutory merits test questions giving the details of the client’s position in relation to the proceedings that will be sufficient for us to assess the merits of the application.

Statement of Grounds proof under section 101 of the Children’s Hearings (Scotland) Act 2011

You should always attach in the application for legal aid for an application to the sheriff to establish Statement of Grounds under section 101 of the 2011 Act:

• The Statement of Grounds containing the alleged supporting facts that the Reporter is trying to prove.

Application to the sheriff for a review of grounds determination under section 110 of the 2011 Act

You should always attach in the application for legal aid for an application to the sheriff for a review of grounds determination under section 110 of the 2011 Act:

• the fresh evidence in relation to the Ground that was not considered by the sheriff when making the grounds determination (or an explanation of what it consists of if not already contained in the application itself)
• the established Statement of Grounds and supporting facts that your client wishes to review
• a copy of intimation of the application and/or court interlocutor confirming that an application has been made by another party if the applicant wishes to respond to the review application.

If we need any other papers not listed above we will let you know this without rejecting your application.

Appeal to sheriff against a decision of the children’s hearing under the 2011 Act

Where your client seeks legal aid for an appeal before the sheriff we do not require you to upload a copy of the children’s hearing’s reasons for decision, or a copy of the Grounds of Appeal. However, if you have them on file, it would be helpful to upload them as this could prevent any unnecessary continuations.

Where your client seeks legal aid to respond to an appeal before the sheriff you should provide:

• the Grounds of Appeal which your client wishes to respond to.

If we need the hearing’s reasons or any other papers in respect of the appeal application we will let you know this without rejecting your application.

Application to the sheriff to extend/further extend or vary/further vary an interim compulsory supervision order under S98 or 99 of the 2011 Act

Where your client seeks to make representations in an ICSO extension or variation application by the Reporter and they do not already have legal aid in place you should provide:

• A copy of the application by the Reporter lodged with the court which will have been intimated upon your client.

If we need any other papers we will let you know this without rejecting your application.