Supporting information you should send with the application for an appeal under the 2011 Act

When applying for legal aid for a 2011 Act appeal to the Sheriff Appeal Court or the Court of Session, you should provide us with:

  • 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 by the Sheriff Appeal Court.
  • Any opinion already received from counsel.

Unless your client is a section 126 individual we need to be satisfied that there are substantial grounds to appeal or respond to an appeal.  A simple statement in the application 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 stating that the effective participation test has been met and that it is reasonable to grant legal aid is not enough.

Opinion of counsel

We do not expect to see an Opinion from Counsel in every application for a 2011 Act appeal.  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.

If you had legal aid and approval for counsel to conduct the court hearing that is now being appealed, then that previous grant of legal aid will cover such an Opinion and you do not require our prior authority to obtain this.

Where we have requested an Opinion, but your client did not have legal aid for the proceedings being appealed and/or did not have approval for counsel to conduct the court hearing then 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 you get a quicker decision.

Other rights and facilities
2011 Act appeals from the Sheriff Appeal Court to the Court of Session

In this section

2011 Act appeals to the Sheriff Appeal Court and Court of Session

General – applications to us

Find out about availability of children’s legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session, and relevant application procedure.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Multiple applications not required

Find out if you need to submit separate legal aid applications for each child when representing a relevant person or other adult individual in a 2011 Act appeal

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application directly by a child

When a child may apply for legal aid to respond to 2011 Act or Age of Criminal Responsibility (Scotland) Act 2019, to Sheriff Appeal Court or Court of Session.

2011 Act 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 a 2011 Act or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application by a safeguarder

Find out if a safeguarder can apply for children’s legal aid to make or respond to 2011 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Application by a curator ad litem for 2011 and 2019 Act appeals to the Sheriff Appeal Court or Court of Session

Find out if a curator ad litem can apply for children’s legal aid to make or respond to 2011 or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act 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).

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 2011 Act 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.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for appeals under the 2011 Act 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 undeemed

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual

What are the statutory tests for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual?

2011 Act 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.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

2011 Act appeals from the Sheriff Appeal Court to the Court of Session

2011 Act 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

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Representations from the Children’s Reporter (or other party) in a 2011 Act appeal

Find out if we intimate legal aid applications to other parties and what happens if the Reporter lodges objections to your client’s 2011 Act appeal application.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

2011 Act appeals raised by the children’s Reporter

Find out about applying for legal aid to oppose a 2011 Act appeal by the Reporter.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Grants of legal aid subject to conditions

Find out about when we may grant legal aid subject to conditions.

2011 Act 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.

2011 Act 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.

2011 Act appeals to the Sheriff Appeal Court and Court of Session

Legal aid cover where there is a successful 2011 Act 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.