Legal Aid Online declarations

Position for Declaration prior to 2 April 2026

DECLARATIONS 4 AUGUST 2023 TO 1 APRIL 2026

Applicants’ Signatures

• A client must sign the Declaration form when they are seen in person. For remote meetings, or where there are other reasons why they could not sign the Declaration, there must be an explanation for this on the file. It is acceptable if there is a note on the file explaining the position, and that the solicitor has gone over the terms of the declaration with the client and that the client indicated that they understand and accepts the terms too.
• It is acceptable for a client to “sign” an electronic version of a paper form by applying a signature using a stylus (e.g. iPencil). The solicitor should save the form, and keep a copy of the PDF version in the file (whether paper or electronic).
• Signatures In Custody Cases - it is acceptable for the declaration form to be unsigned if it has not been possible to get a signature on the form.

Solicitors’ Signatures

• A solicitor should always sign the Declaration form or printable summary form. In all types of Legal Aid, Advice and Assistance and ABWOR files, a solicitor has two choices for completion of the Declaration. They can:
  • use the paper Declaration form that is printable from SLAB’s website, or
  • print out the LAOL Declaration ( known as a “printable summary” of the grant or application), and then add their “wet” signature and the date of signing, even where this has been pre populated by the system.
• It is acceptable for the solicitor to “sign” an electronic version of a paper form by applying a signature using a stylus (e.g. iPencil). The solicitor should save the form, and keep a copy of the PDF version in the file (whether paper or electronic). We expect this for peer review and compliance audits where checks are made for the signed declarations in the files being reviewed.

DECLARATIONS - 12 DECEMBER 2022 TO 3 AUGUST 2023

• Paper Declaration forms signed by the solicitor and client, or:
• Paper Declaration forms signed only by the solicitor and the ‘Covid’ reason used instead of the client’s signature, or:
• Printed copies of the online application with a wet signature by the solicitor and the ‘Covid’ reason used instead of the client’s signature or with the client’s signature.

DECLARATIONS DURING COVID - 16 MARCH 2020 TO 11 DECEMBER 2022

• Paper Declaration forms signed by the solicitor and client, or:
• Paper Declaration forms signed only by the solicitor and the ‘Covid’ reason used instead of the client’s signature, or:
• Printed copies of the online application with a wet signature by the solicitor and the ‘Covid’ reason used instead of the client’s signature or with the client’s signature or:
• Printed copies of the online application containing the name of the solicitor in the signature box, but without a wet signature by the solicitor and the ‘Covid’ reason used instead of the client’s signature.

You must sign all the declaration forms.

All signatures should be recognisable as your signature.

You can either sign and date the paper declaration forms that are printable from our website or add a “wet” signature to the LAOL “printable summary”, even where this has been pre-populated by the system.

You can use an electronic version of a paper form to apply a signature using a stylus (for example, iPencil) or other online signing platform such as DocuSign or Adobe Sign.

However, you must save the form and keep a copy of the PDF version in the file (whether paper or electronic).

We expect this for peer review and compliance audits where checks are made for the signed declarations in the files being reviewed.

Where you are seeing clients face to face, you must get them to sign the declaration forms.

Clients can also “sign” an electronic version of a paper form by applying a signature using a stylus (for example, iPencil) or other online signing platforms such as DocuSign or Adobe Sign.

Again, the electronic signature must provide sufficient authentication (that is, the signature should be recognisable as the applicant’s signature and not simply an e-squiggle).

You must be able to show an audit trail for the signing process.

In either case you must keep a copy of the “signed” declaration form, either in paper or electronic form.

If the client is not present and is unable to sign remotely using the electronic methods described above, but agrees to the terms of the declaration, you can still note this on the online system.

In this situation you can use the reason for no signature: “Client not present and agrees with the declaration terms”.

This reason can be used for certain remote situations, such as prison VC links, the Glasgow Sheriff Court to HMP Barlinnie video link, and in Parole Board cases when you are holding remote consultations.

You should use “Other” for all other reasons, including health issues, with a full explanation given of the circumstances for us to consider.

In either situation, you should record the details of the discussions with your client regarding consent to the declaration terms in your case file.

If you cannot immediately get a signature from a custody client, for example where you cannot pass a pen under the screens in the court interview rooms, you should try to get the signature after the initial consultation (on the same day), where possible.

If this is not possible, then, once you have confirmed that the client accepts the terms of the declaration, you can submit the application without the wet signature on the declaration form.

You should use the category: “Client unable to sign and agrees with the declaration terms”.

On the Advice and Assistance/ABWOR system, you can use the reason for no signature obtained from the client on the online system: “Client not present and agrees with the declaration terms”.

Once you have confirmed with your client that they agree with the declaration terms you can use this reason for the time being where you are not seeing the client in person at the initial consultation.

You should use “Other” for all other reasons, with a full explanation given of the circumstances for us to consider.

It has not been possible to make a similar change to the online system for all other legal aid applications.

In these cases, the system requires a date to be entered when the applicant signed the form.

For the time being, the guidance we issued about this on 7 October 2020 still applies:

“In applications where this option is not given: you should indicate that you are signing on behalf of the client and give the date for this.”

Where it has not been possible to get the client to sign the declaration, the date entered here can also be the date of the remote consultation.

You can add a brief explanation about the circumstances and confirm that the client agrees with the terms of the declaration.

This can be done elsewhere in the application, for example in the “additional financial information box”.

We expect that it should now be possible for clients to sign the Form 2, but where this is not possible, a full explanation should be provided.

In A&A/ABWOR cases, you can use the “Other” reason for Covid cases, or for any other health reasons which prevent the client from signing the form, but you also need to let us know that the client agrees with the declaration.

If these cases are due to remote consultations, you should use the “Client not present and agrees with the declaration terms” option.

For all other legal aid applications, enter the date the client was seen in the field asking for the date the form was signed, and then add a brief explanation about the circumstances, and confirm that the client agrees with the terms of the declaration.

This can be done elsewhere in the application, for example, in the “additional financial information box”.

For prison VC links and the Glasgow Sheriff Court to Barlinnie TV link, you can use the “Client not present and agrees with the declaration terms” reason for A&A/ABWOR cases.

For all other legal aid applications, enter the date the client was seen in the field asking for the date the form was signed, and then add a brief explanation about the circumstances, and confirm that the client agrees with the terms of the declaration.

This can be done elsewhere in the application, for example, in the “additional financial information box”.

For Parole Board A&A and ABWOR forms when you are holding remote consultations, you can use the “Client not present…” reason.

Signed declarations are also important for applications for transfers of legal aid.

They confirm that the client is seeking a change of solicitor, is giving us permission to check the circumstances in the request, and has agreed with the transfer reasons submitted.

All of this allows us to consider if a good reason has been advanced for the transfer.

You can also use the signed transfer declaration form to obtain the case papers from the first solicitor, if we have granted the transfer request.

Therefore, clients who are seeking to change their solicitor should always sign the Transfer Declaration forms (CIVTR/LAO, CHILDTR/LAO or CRIMTR/LAO), where this is possible.

If it is not possible to get these Transfer Declaration forms signed by the client, then you need to satisfy us that you have some other form of signed authority from the client confirming their agreement to the terms set out in the Transfer Declaration.

You can provide these details to us in the online system where it asks why the applicant has not signed the transfer, which is the Transfer Declaration form.

You should still sign the Transfer Declaration yourself, and send a copy of this to the first solicitor as required by the Solicitor’s declaration.

If your client tells you that they have no capital or savings and subsequently signs the declaration, you can use the signed declaration to verify that the applicant has no capital.

However, you can only state that you are relying on the signed declaration if your client has, in fact, signed the declaration.

If verification of capital is not available at the initial meeting, you should try to get this later.

You can then update us on what evidence you have seen, or in cases where you have been unable to obtain verification, the steps you have taken to obtain this by submitting a verification update.

Where your client has no capital, and you do not have a signed declaration, how you complete the online application will depend on whether she/he has a bank account.

Where there is a bank account, you should normally see a bank statement for the qualifying period to verify the capital position.

However, the following guidance should help you answer the online questions and submit the application where you have not seen verification, and you do not have a signed declaration.

No capital, and no signed declaration, applicant has a bank account

I have seen the most recent evidence of the applicant’s capital – No

Awaiting Verification? Yes – submit the application and advise us later when verification is seen.

Awaiting Verification? No – add free text to explain why applicant cannot provide any verification.  For example, if the client is in custody or in hospital, or you can explain the steps you have taken to get verification.

No Capital, and no signed declaration, applicant has no bank account

I have seen the most recent evidence of the applicant’s capital – No
Awaiting Verification? No – add free text to explain that the applicant has no bank account