Can children’s advice and assistance be given at the same time as children’s legal aid?

Advice and assistance is prohibited in connection with proceedings before a court or tribunal at a time when your client is receiving legal aid in connection with those proceedings [Section 7(2) of the Legal Aid (Scotland) Act 1986].  If your client has been granted children’s legal aid, they cannot also receive advice and assistance in connection with those proceedings.

Private charging after a grant of advice and assistance
Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?

In this section

Advice and Assistance Application Procedures

Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of - or directly by - a child

Find out how you must apply for children’s A&A, timescales for doing so, when different category codes are appropriate and who may make applications.

Advice and Assistance Application Procedures

Assessment of your client’s financial eligibility

Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.

Advice and Assistance Application Procedures

Advice and assistance declaration form

Find out about the purpose and importance of the Declaration Form for Children’s A&A, and who should sign It (whether child or adult).

Advice and Assistance Application Procedures

Time limit for intimation of application to us

Find out when you must submit an online application by after commencing advice and assistance.

Advice and Assistance Application Procedures

Multiple grants of advice and assistance

Find out how many grants of advice and assistance you should make when dealing with several different matters and what is meant by a ‘distinct matter’.

Advice and Assistance Application Procedures

Situations where fresh grants of advice and assistance are required for the same client in proceedings under the Children’s Hearings (Scotland) Act 2011

Find out when you need a fresh grant of A&A for your client and how far you can act under one grant throughout the children’s hearing process.

Advice and Assistance Application Procedures

The limit of authorised advice and assistance expenditure

This page includes information on the limit of authorised expenditure in A&A. It covers what the limit is, how you can apply for an increase, our process for reconsidering a rejected request for an increase, urgent telephone requests for increases and the availability of retrospective increases.

Advice and Assistance Application Procedures

Change of nominated solicitor

Find out the criteria for when a nominated solicitor can be changed in a grant of advice and assistance and the procedure for the change being made.

Advice and Assistance Application Procedures

Second solicitor giving advice and assistance on the same matter

Read about the legislative provisions in relation to a second solicitor giving advice and assistance on the same matter and need for our prior authority.

Advice and Assistance Application Procedures

Procedure for withdrawing from giving advice and assistance

Find out the procedure for withdrawing from giving advice and assistance, including the information you must provide to your client and us.

Advice and Assistance Application Procedures

Private charging after a grant of advice and assistance

Read about when you are allowed to charge your client privately after a grant of advice and assistance and what you need to check before doing so.

Advice and Assistance Application Procedures

Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?

Find out about the likelihood and implications of your client being subject to property recovered or preserved (clawback) provisions under Children’s A&A.