Supporting information you should send with the application

When applying for legal aid for an appeal to the Sheriff Appeal Court or the Court of Session, you should produce:

  • Any relevant legislation and case law and draw our attention to the relevant passages.
  • Any written judgement or Note by the sheriff or Sheriff Appeal Court of the decision to be appealed against or responded to highlighting any relevant passages.
  • A copy of the Application to state a case and the draft or final Stated Case or an  explanation as to why they are not yet available.
  • If the application relates to an appeal to the Court of Session against a decision of the Sheriff Appeal Court, confirmation that leave to appeal has been granted.
  • Any opinion already received from counsel.

Unless your client is a section 126 individual we need to see substantial grounds to appeal or respond to an appeal.  A simple statement on the application form stating that substantial grounds exist and that it is reasonable to grant legal aid is not enough.

A section 126 client needs to satisfy the effective participation test.  We therefore require detailed information from you to support this.  A simple statement on the application form stating that the effective participation test has been met and that it is reasonable to grant legal aid is not enough.

If you do not send us a copy of the written judgement or Note of decision that is being appealed (or confirmation that none was made or available) and a copy of the Application for a Stated Case or the draft Stated Case itself, we may reject the application without considering the merits.

Opinion of counsel

We do not expect to see an Opinion from Counsel in every application.  However, if this has been obtained you should send us this.  If we need to consider an Opinion from Counsel regarding the application we will continue your application and ask you to provide this.

Where we have requested such an Opinion, the previous grant of legal aid will cover an opinion from junior counsel (or senior if approved by us) where:

  • You client was legally aided when the court considered the matter at first instance.
  • There was authorisation to instruct counsel in those proceedings.

You require to seek sanction for this under the original grant of legal aid. Such an Opinion must address the prospects of success of the appeal and the statutory merits tests for granting the legal aid application.

Where we have requested such an Opinion, but your client did not have legal aid for the proceedings being appealed, an increase in advice and assistance can be sought for this if your client is eligible In any advice and assistance increase request for this purpose you should specifically state that we have requested this and provide the legal aid reference number of the appeal application. This will ensure a speedier decision.

Other rights and facilities
Appeals from the Sheriff Appeal Court to the Court of Session

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

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

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

Find out if you can ask for a review if we refuse legal aid or attach conditions to a grant.

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.