The terms of section 28D (3)(c) of the Legal Aid (Scotland) Act 1986, in the case of a child and section 28E(3)(c), in the case of a  relevant person or deemed relevant person, requires that children’s legal aid should be made available if after consideration of the disposable income and disposable capital of the client it is recognised that the expenses of the case would cause undue hardship to the client. This test will usually only be applied if your client’s resources are found to be in excess of the prescribed limits. In deciding whether this applies, we will look at the likely cost of the proceedings and any other factors identified in the application.


In this section