Civil legal aid application by or on behalf of children: assessing ‘general understanding’ of instructing a solicitor

A “child” is a person under the age of 16 years [regulation 2 Civil Legal Aid (Scotland) Regulations 2002].  Where a child is a party to civil proceedings, an application for legal aid may be made on their behalf by

  • Any person with parental responsibilities in relation to them
  • Any person in whose care they are
  • A person acting for them for the purpose of any proceedings, for example, a curator ad litem.

 

The child may, however, be entitled in certain circumstances to apply for legal aid in their own name, in which case we will accept an application in name of the child alone.

If you are consulted on a civil matter relating to a child you must form a view about their general understanding of what it means to instruct you on any civil matter.

  • If you consider that an individual child under 12 does have such a general understanding, you may feel able to accept instructions from the child, who will also, of course, have legal capacity to sue, or to defend, in any civil proceedings.
  • You may consider that an individual child of 12 or more does not have a general understanding of what it means to instruct you. If so, the presumption otherwise applying in the case of a child of that age will in effect be rebutted.  In that event, you should look to a parent or guardian or other responsible person for instructions and for title to sue or defend on behalf of the child.
Civil legal aid applications by person resident outwith the UK
Our power to modify or impose conditions on grants of legal aid

In this section

Availability of Civil legal aid and application procedures

Definition of civil legal aid

Read the definition of civil legal aid and the legislative source.

Availability of Civil legal aid and application procedures

Applications by corporate or unincorporated bodies and sole traders

Find out why only a person can apply for legal aid and when it is reasonable for sole traders and individual partners of firms to receive assistance.

Availability of Civil legal aid and application procedures

Courts and tribunals in which civil legal aid is available

Find out about the courts and tribunals in which civil legal aid is available.

Availability of Civil legal aid and application procedures

Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’

Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.

Availability of Civil legal aid and application procedures

Civil legal aid: statutory tests for applications

Read about the statutory merits tests applied to applications for civil legal aid.

Availability of Civil legal aid and application procedures

Other rights or facilities

Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.

Availability of Civil legal aid and application procedures

Civil legal aid for matters outwith Scotland

Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.

Availability of Civil legal aid and application procedures

What date is legal aid effective from?

Guidance on the effective date of a grant of legal aid

Availability of Civil legal aid and application procedures

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

Availability of Civil legal aid and application procedures

Civil legal aid and the role of opponents

Find out about the role of opponents in the civil legal aid application process, including their right to lodge representations.

Availability of Civil legal aid and application procedures

Civil legal aid applications: statements and other documents we need

Read about the range of supporting documents and statements we expect to see when assessing applications for civil legal aid, and how to provide them.

Availability of Civil legal aid and application procedures

Rejection of civil legal aid applications: consequences of missing information

Find out what is meant by a ‘rejected’ application for civil legal aid, its potential consequences, and how you can remedy this situation.

Availability of Civil legal aid and application procedures

Civil legal aid applications by someone unable to sign or suffering from a mental disorder

Read our position on civil legal aid applications by someone unable to sign or suffering from a mental disorder

Availability of Civil legal aid and application procedures

Civil legal aid applications by person resident outwith the UK

Find out about special arrangements for civil legal aid applications by person resident outwith the UK and when we may waive these conditions.

Availability of Civil legal aid and application procedures

Our power to modify or impose conditions on grants of legal aid

An overview of our power to modify or impose conditions on grants of legal aid.

Availability of Civil legal aid and application procedures

Refusal of legal aid applications

Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.

Availability of Civil legal aid and application procedures

Applications for civil legal aid for proceedings where we are a party

Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.

Availability of Civil legal aid and application procedures

Disputing information: what to send us if you are acting on behalf of your client who is the opponent

Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.