Availability of special urgency cover after full legal aid is refused

We can only grant legal aid in matters of special urgency where we are not yet satisfied if the statutory tests are met. However, we can reconsider refusals of legal aid applications.

If you have sent us a review or a second or subsequent application which we have accepted but not yet considered, you can:

  • Seek special urgency cover legal aid for specified steps in proceedings before we decide on your full review or second or subsequent application

If you have not yet sent us a review or a second or subsequent application or if we do not accept it:

  • It is not open to you to seek regulation 18 of the Children’s Legal Assistance (Scotland) Regulations 2013 legal aid as this is not competent
  • You require to have actually submitted the review or second or subsequent application itself before a special urgency request can be considered

 

Guidance on applying for special urgency cover under the 2011 Act and the 2019 Act
Sanction applications before a grant of full legal aid is made

In this section

Special Urgency for proceedings under the 2011 and 2019 Acts

Special Urgency cover for steps in 2011 Act court proceedings before a decision is made on a legal aid application

Find out about the scope of legal aid for special urgency work and the criteria to be met to ensure payment for this urgent work in 2011 Act proceedings.

Special Urgency for proceedings under the 2011 and 2019 Acts

The Declaration

Find out about the online declaration, what it is for and how it ensures payment for work carried out.

Special Urgency for proceedings under the 2011 and 2019 Acts

Guidance on applying for special urgency cover under the 2011 Act and the 2019 Act

Learn about what you need to include in your application and view examples of when special urgency will be granted.

Special Urgency for proceedings under the 2011 and 2019 Acts

Sanction applications before a grant of full legal aid is made

Find out whether you can apply for sanction under special urgency cover.

Special Urgency for proceedings under the 2011 and 2019 Acts

Status of your client

Find out whether your client is a legally assisted person when work is done for them under a grant of special urgency.

Special Urgency for proceedings under the 2011 and 2019 Acts

Legal aid application must be submitted within 28 days of commencement of urgent work

Find out how to avoid non payment of the special urgency work you carry out.

Special Urgency for proceedings under the 2011 and 2019 Acts

Extent of a grant of special urgency

Find out what work will be covered by a grant of special urgency.

Special Urgency for proceedings under the 2011 and 2019 Acts

What happens if your client does not comply with our requests for information?

Find out what happens if your client does not provide information requested by us to enable a means assessment to be carried out.