Templated increases in authorised expenditure for certain hearing types where ABWOR has been granted under the 2011 Act

There is a templated increase available for six specified hearing types. These are:

  • A S35 Application to the sheriff for a Child Assessment Order
  • A S38 Application to the sheriff for a Child Protection Order
  • A second working day children’s hearing
  • A S48 Application to the sheriff for variation or termination of a Child Protection Order
  • A hearing contemplating placing a child in secure accommodation
  • A ‘custody’ hearing where a child is alleged to have committed a criminal offence 

If you select the children’s category code CHSA and have granted ABWOR to your client for one of the above hearings, you can select the template option to obtain an increase in authorised expenditure of £350 to:

  • Advise your client before hearing
  • Correspond and make necessary phone calls
  • Prepare for the hearing
  • Negotiate with parties
  • Travel to and from hearing
  • Conduct the hearing
  • Advise after the hearing

The six hearings covered by the template can take place very quickly and sometimes out of hours. The template can only be used once in an application.

General scope of ABWOR in proceedings under the 2011 Act and Part 4 of the 2019 Act
Availability of ABWOR to the subject child and other applicants who are under the age of 18.

In this section

Assistance by Way of Representation for children’s proceedings

General scope of ABWOR in proceedings under the 2011 Act and Part 4 of the 2019 Act

Find out the definition of ABWOR and what it covers, including the position on written submissions and taking witness statements or precognitions.

Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to the subject child and other applicants who are under the age of 18.

Read about when you may provide ABWOR directly to a child in various proceedings under the 2011 and 2019 Acts, including what you must satisfy before doing so.

Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to relevant persons and deemed relevant persons in 2011 Act proceedings

Find out about the availability of ABWOR to relevant persons and deemed relevant persons in various 2011 Act proceedings, and who applies the mean/merits tests.

Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a 'section 126 individual'

Read about the availability of ABWOR to 'S126 individuals', relevant definitions and when prior approval is required in these cases.

Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a 'non-deemed relevant person' under the 2011 Act

Read about the availability of ABWOR to 'non-deemed relevant persons', a definition of this term and what happens when a person is 'undeemed'.

Assistance by Way of Representation for children’s proceedings

Availability of ABWOR to a ‘Participation Individual’ and to a ‘Non Deemed Participation Individual’ under the 2011 Act

Section 25 of the Children (Scotland) Act 2020 introduces rights of participation (‘participation rights’) in children’s hearings for certain individuals

Assistance by Way of Representation for children’s proceedings

The effective participation test

This page provides guidance on the ‘effective participation’ test in ABWOR. It sets out the regulatory factors considered in ‘effective participation’ and how they are assessed. These include the complexity of the case; the nature of the legal issues involved; the ability of the person to consider or challenge documents or information, and to present their views in an effective manner. It also provides information on the availability of ABWOR where the client is not present.

Assistance by Way of Representation for children’s proceedings

When fresh grants or applications for ABWOR are required for 2011 Act proceedings

This page includes information on when you need to apply for a fresh grant of ABWOR, or if you can continue to provide ABWOR for a hearing under an existing grant.

Assistance by Way of Representation for children’s proceedings

When fresh grants of advice and assistance (not ABWOR) are required in 2011 Act Proceedings

Read our guidance on when fresh grants of advice and assistance (not ABWOR) are required, as well as the appropriate category code.

Assistance by Way of Representation for children’s proceedings

Examples of when you should make a fresh grant or application for ABWOR or where an increase request is required for the next hearing in 2011 Act proceedings

View hypothetical examples of when you would make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing.