Updated Children’s guidance on payment of Interim Compulsory Order (ICSO) extension and variation hearings in the sheriff court

This update is to tell you about improvements to our children’s legal aid guidance on when we will pay for solicitors (or counsel, if approved) to conduct Interim Compulsory Order (ICSO) extension and variation hearings in the sheriff court.

Our position remains the same – but we have now made the guidance more specific and clearer for you.

We will pay for representation at an ICSO extension hearing before the sheriff where:

• extension of ICSO (including its conditions) is being opposed by your client, the subject child or another party
• variation of the ICSO (including its conditions) is being sought or opposed by your client, the subject child or another party
• the proof is calling at the same time/just before or after the extension hearing and you are in court representing the client for the proof
• the sheriff has insisted on your attendance, and you can verify this with us
• you can provide us with any other justifiable reason which much be explained in the account.

An unopposed ICSO extension hearing will not be paid for unless an acceptable justifiable reason can be provided at the Account’s stage.

Updated guidance

Merits guidance can be found at:

Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a child – Scottish Legal Aid Board

Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a relevant person or deemed relevant person – Scottish Legal Aid Board

Accounts guidance can be found at:

Advocacy – Scottish Legal Aid Board

Further information

Please contact:

Elizabeth Cuschieri

Senior Solicitor, Civil and Children’s Legal Assistance
Tel: 0131 240 7061 Email: cuschierili@slab.org.uk