https://www.slab.org.uk/guidance/appeals-to-the-sheriff-appeal-court-and-or-court-of-session/
https://www.slab.org.uk/guidance/appeals-to-the-sheriff-appeal-court-and-or-court-of-session/
We will normally allow an increase of £450 to:
For appeals under the Children’s Hearings (Scotland) Act 2011, if your client appeals the decision of the sheriff, legal aid is then available (if they are eligible) to prepare and conduct the appeal before the Sheriff Appeal Court or Court of Session. We will not grant increases in advice and assistance for preparing the appeal. You can apply to us for special urgency cover before the application is determined.
If the appeal relates to a Part 4 Order by a sheriff under the Age of Criminal Responsibility (Scotland) Act 2019, then the appeal can only take place in the Sheriff Appeal Court and not in the Court of Session. If you had legal aid for the Part 4 proceeding before the sheriff then that legal aid certificate will cover you for any further advice in relation to this and for the appeal itself. So a fresh grant of advice and assistance would not be required in these circumstances.
If you represent a child and had ABWOR in place for the proceedings before the sheriff then that grant of ABWOR would continue for any appeal before the Sheriff Appeal Court and you can submit an increase in authorised expenditure for this appeal. We would normally allow a further £500 for this purpose.
Increases in authorised expenditure
This page provides information on when increases in children’s cases are needed. It covers when increases may be needed in: an initial Children’s Hearing; at a criminal advice hearing; at an adoption advice hearing; in relation to Child Protection Orders and related hearings and Part 4 orders under the Age of Criminal Responsibility (Scotland) Act 2019. The sections set out the levels of increase generally available and the circumstances in which they may be needed.
Increases in authorised expenditure
This page provides information on increases for the use of counsel within children’s A&A or ABWOR. It covers the limited scenarios in which the use of counsel under A&A is likely to be permitted (Opinions and consultations); the factors SLAB considers when assessing increase requests for counsel’s Opinion (including for appeals); the use of senior counsel; whether an increase is available for counsel to draft court documents; and the use of counsel in ABWOR cases.
Increases in authorised expenditure
Find out about increases for attending Social Work Case Conferences, Child in Care Reviews, Adoption matching panels etc, and our assessment of these.