Handbook amendments on the Duty Scheme, written submissions and taking statements

Monday, May 23, 2016

We have inserted some additional guidance in the Children’s Legal Assistance Handbook for proceedings under the Children’s Hearings (Scotland) Act 2011.

This follows some issues which have arisen in a small number of cases and as a result of our ongoing engagement with, and feedback from, solicitors, Children’s Hearings Scotland, panel members and the Scottish Children’s Reporters Administration.

This clarification of procedures and requirements should ensure that you know what work can be paid for from the Legal Aid Fund.

The areas covered are:

Duty Scheme

The first additional guidance can be found at Part IV Chapter 1 and concerns the Duty Scheme.

In this guidance we set out the conditions that a duty solicitor must fulfil in relation to representing a child at a hearing in order to ensure payment under automatic legal aid when you submit your account.

Written submissions at a children’s hearing

The second additional guidance can be found at Part II Chapter 5 paragraph 5.1A and concerns written submissions at a children’s hearing.

In this guidance we explain that ABWOR is required for such submissions and we outline the specific and limited circumstances where we will consider this to be reasonable and necessary work.

Taking statements

The final additional guidance can be found at Part II Chapter 5 paragraph 5.1B and concerns taking statements prior to a children’s hearing.

In this guidance we explain that taking statements from those who will be attending a children’s hearing is not considered to be reasonable and necessary preparatory work for children’s hearing and such work will not be paid for.

If you have any queries please contact:
Liz Cuschieri, Solicitor, Children’s Legal Services
E: cuschierili@slab.org.uk 




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