Applications for children’s legal aid by a curator ad litem

If the sheriff has appointed a curator ad litem to act for a child or an incapable adult applicant there is nothing to prevent a curator ad litem from acting as both the curator to the child or adult and a solicitor to the child or adult.

If the curator decides to act in this dual capacity then the curator can apply to us for legal aid on behalf of their client.

Therefore, the curator should:

  • Complete the solicitor details section and the representative details section in the application form.
  • On such an application this person will be both the nominated solicitor and the applicant’s representative by virtue of their appointment as a curator ad litem.

However, it is important to note that we can only pay for charges applicable to actual legal representation. We cannot pay any charges that relate to work carried out in the capacity of curator.

For example, the following charges will not be paid from the Fund, as they fall under the remit of the curator:

  • Charges relating to drafting a written report as a curator for the sheriff
  • Charges associated with observing contact visits
  • Charges associated with spending time with other children, relevant persons or carers/individuals and keeping them updated of matters

Curator to child instructing separate solicitor to act as solicitor to child

It is also open for a curator to instruct a separate solicitor to act for the child or incapable adult.  This separate solicitor will be the nominated solicitor for the purposes of legal aid and the application for legal aid.

In the application form:

  • The curator’s details will be inserted into the representative’s details section
  • The application itself will require to be made by the separate solicitor instructed by the curator to represent the child or incapable adult

If we grant legal aid to the child or incapable adult in these circumstances, we will pay the nominated solicitor for all reasonable and necessary work carried out.

We cannot pay the curator for any work carried out.  Unlike the position for Safeguarders, there is no statutory payment mechanism for a curator ad litem.

2011 Act applications for children’s legal aid by a Safeguarder
Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a child

In this section

Sheriff Court Applications for children’s legal aid

General – applications to us

Find out who you must apply to when seeking children’s legal aid for children’s court proceedings, and which court proceedings are covered under the 2011 Act.

Sheriff Court Applications for children’s legal aid

2011 Act cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required

Find out how many legal aid applications you should submit in a case concerning multiple children, in context of conjoined court hearings under the 2011 Act.

Sheriff Court Applications for children’s legal aid

Application directly by a child for children’s legal aid for 2011 Act children’s court proceedings

Find out how to determine if a child can apply for legal aid on their own behalf: assessing ‘general understanding of what it means to instruct a solicitor’.

Sheriff Court Applications for children’s legal aid

2011 Act Applications for children’s legal aid on behalf of a child

Read about who can apply for children’s legal aid on behalf of a child and relevant legislation under the 2011 Act.

Sheriff Court Applications for children’s legal aid

2011 Act applications for children’s legal aid by a Safeguarder

Find out about the rules on Safeguarders applying for children’s legal aid and the consequences of Safeguarders instructing another solicitor to act.

Sheriff Court Applications for children’s legal aid

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

This page provides information on the statutory criteria we apply when assessing applications for children’s legal aid by children in sheriff court proceedings under the 2011 Act.

Sheriff Court Applications for children’s legal aid

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

Statutory criteria for assessing children’s legal aid (relevant or deemed relevant person as applicant) under 2011 Act: financial eligibility, reasonableness.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court appeal proceedings relating to deemed or undeemed relevant person status

Find out about the statutory application criteria for sheriff court appeal proceedings relating to deemed or undeemed relevant person status.

Sheriff Court Applications for children’s legal aid

Statutory criteria for legal aid for sheriff court appeal proceedings under the Children’s Hearings (Scotland) Act 2011 where a client is a section 126 individual

Statutory assessment criteria for sheriff court appeal proceedings under 2011 Act where your client is a section 126 individual, incl. effective participation.

Sheriff Court Applications for children’s legal aid

Other rights and facilities

Find out what other rights or facilities might mean your client does not qualify financially for children’s legal aid.

Sheriff Court Applications for children’s legal aid

Supporting information you should send with application for children’s legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011

Information and supporting documentation you need to send with a sheriff court legal aid application for various court hearing types under the 2011 Act.

Sheriff Court Applications for children’s legal aid

Conditions on grants of legal aid

Find out about the conditions that we may attach to grants of children’s legal aid.

Sheriff Court Applications for children’s legal aid

Review of refusal of legal aid or conditions on the grant of legal aid

Find out about how to apply for a review of our decision where legal aid is refused or granted with conditions.