Examples of when you should make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing in 2011 Act proceedings

The following examples are given to show where you should make a fresh grant of advice and assistance and an associated application for ABWOR, rather than applying for an increase in authorised expenditure.

Example 1

My client is a grandmother of two children and I was granted authority from SLAB to provide her with ABWOR and represent her at a pre-hearing panel meeting convened under s79(2)(a)(i) of the 2011 Act. At this pre-hearing panel she was held to be a relevant person as she has now received notification from the Reporter to attend a s69(2) of the 2011 Act Grounds of Referral/Statement of Grounds hearing. She wishes me to represent her at this full hearing where the Statement of Grounds will be put to her as she has now been deemed to be a relevant person.

A fresh grant of advice and assistance is needed here and you would require to apply to us for prior approval to provide ABWOR at this grounds hearing.
The previous authority given to represent your client at the pre-hearing panel does not continue to this full unspecified hearing as this full hearing following the pre-hearing panel is not considered to be a deferred hearing.
The fact that the “effective participation” test was met to attend the pre-hearing panel meeting to discuss relevant person status does not mean that the “effective participation” test will necessarily be met for this Statement of Grounds hearing

Example 2

I was instructed to act on behalf of a child who is a 13 years old as the duty solicitor as she did not have a solicitor of her own and a child protection order had been taken out in respect of her. As I was the duty solicitor I attended the second working day hearing with her and the child protection order was continued to the eighth working day hearing. This child has instructed me to attend the eighth working day hearing with her when statement of grounds will be put to her and her parents. I wish to attend this eighth working day hearing.

As you were appointed to act as the duty solicitor you will receive payment for attendance at the second working day hearing under automatic legal aid.
A substantive decision was made at the second working day hearing to continue the Child Protection Order.
An eighth working day hearing is not a deferred second working day hearing and it takes place to consider statement of grounds.
If you want to represent your client at this hearing you need to admit her to advice and assistance (assuming that she is financially eligible) and apply to us for prior approval to provide ABWOR as an eighth working day hearing is an unspecified hearing.

Example 3

I was instructed to represent my client at a second working day hearing after her six month old child had been taken into care by way of a Child Protection Order that was granted by a sheriff. I provided ABWOR to my client at this second working day hearing as she was financially eligible and I was also satisfied that she met the effective participation merits criteria. My client now wishes me to represent her at the eighth working day hearing.

A substantive decision was made at the second working day hearing to continue the Child Protection Order.
An eighth working day hearing is not a deferred second working day hearing and it takes place to consider statement of grounds.
If you want to represent your client at this hearing you need to admit her to a fresh grant of advice and assistance (assuming that she is still financially eligible) and apply to us for prior approval to provide ABWOR as an eighth working day hearing is an unspecified hearing.

Example 4

I was instructed to represent my client at a second working day hearing after the sheriff had granted a Child Protection Order in respect of her new born baby. I provided ABWOR to my client at this second working day hearing as she was financially eligible and I was also satisfied that she met the effective participation merits test. My grant of ABWOR for this hearing was subsequently approved by SLAB. My client then disappeared and I was unable to make contact with her. She has now however come back to see me and has asked if I can represent her at a remit from court hearing to consider whether or not her child should be placed on a Compulsory Supervision Order. The grounds had been denied at the eighth working day hearing which I did not attend or seek ABWOR for and they were then upheld by the sheriff. I wish to represent my client at this remit hearing.

A substantive decision was made at the second working day hearing to continue the Child Protection Order.
This remit from court hearing is not a deferred second working day hearing in the same way that an eighth working day hearing would not be.
This remit hearing takes place to consider the Statement of Grounds that has been held established at the sheriff court and whether to place a child on a final/full Compulsory Supervision Order.
If you want to represent your client at this hearing you need to admit her to a fresh grant of advice and assistance (assuming that she is still financially eligible) and apply to us for prior approval to provide ABWOR as this remit hearing is an unspecified hearing.

Example 5

I have met with my client who is the father of a two year old boy. A Child Protection Order was granted by the sheriff and my client advises me that a second working day hearing took place today where the children’s hearing varied the CPO so that my client could not have any contact with his son. My client wishes to apply to the sheriff in terms of S48 of the 2001 Act to seek to have the CPO terminated or at least varied to allow him to have contact with his son.

An application under S48is a “specified” hearing and your client is a relevant person to the child.
You can provide ABWOR to your client for this application to the sheriff and to conduct the sheriff court hearing assuming that your client is financially eligible and that you have satisfied yourself that the merits criteria of effective participation have been satisfied.
If £120 of initial authorised expenditure is not considered enough for this purpose then you need to submit an increase in authorised expenditure request.
However, if, you have granted ABWOR to your client, you will not need our prior approval to continue to provide ABWOR in this increase request for the purposes of conducting this S48 hearing before the sheriff.

Example 6

My client’s S48 hearing before the sheriff as outlined above was partially successful in that the CPO was varied to allow my client contact with his son the following day. My client has now received notification from the Reporter of the eighth working day hearing to consider statement of grounds, which he strongly denies. My client wishes me to represent him at this eight working day hearing.

A substantive decision was made by the sheriff at the S48 sheriff court hearing in that the CPO was varied.
The eighth working day hearing is not a deferred S48 hearing but is a hearing under section 69 of the 2011 Act to consider the statement of grounds.
It is an “unspecified” hearing and you need our prior approval to provide ABWOR to your client and represent him at this children’s hearing.
You need to admit your client to a fresh grant of advice and assistance (assuming that he remains financially eligible) and request our authority to provide ABWOR if you want to represent your client at the eighth working day hearing.

Example 7

I was given prior approval to provide ABWOR to my client who is a relevant person to represent her at an eighth working day hearing. She denied the Statement of Grounds which were referred to the sheriff court for proof. The hearing then made an interim compulsory supervision order in respect of her two year old daughter and this is due to expire next week. I wish to attend this hearing convened by the Reporter under S96 of the 2011 Act to consider whether a further interim compulsory supervision order should be made.

No substantive decision was made regarding a final compulsory supervision order (as opposed to an interim compulsory supervision order) and you were given prior authority to provide ABWOR at the eighth working day hearing
You can continue to provide ABWOR to your client at this forthcoming unspecified hearing and you do not need a fresh grant of advice and assistance or seek our prior approval again to provide ABWOR.
However, you may need an increase in authorised expenditure if you do not have sufficient authorised expenditure to attend this unspecified hearing.

Example 8

I was given prior approval to provide ABWOR to my client who was a relevant person to represent her at a statement of grounds hearing. The grounds were referred to the sheriff court for proof. After proof, the sheriff held the grounds established and remitted the case back to a hearing to consider placing her child on a compulsory supervision order. I wish to attend this next hearing and represent my client.

Assuming you had been granted ABWOR to attend the statement of grounds hearing and that you have now reached your current authorised limit of expenditure, you need to submit an increase in authorised expenditure to attend this remit hearing.
This would not be a fresh grant of advice and assistance as no substantive decision regarding the compulsory supervision order has yet been made.
As you have already been granted ABWOR to attend the statement of grounds hearing, you do not need our prior approval to represent your client at this next hearing as no substantive decision has yet been made.

Example 9

The above remit hearing took place and has been continued for a report from a safeguarder. I wish to represent my client at this continued hearing.

As this remit hearing has been deferred to a later date and there has still been no substantive decision regarding a full compulsory supervision order than an increase application to attend this remit hearing will be required
A fresh grant of advice and assistance would not be appropriate in this situation.
You do not need to seek our prior approval again to represent your client at this next hearing.

Example 10

My client who is a relevant person has instructed me to represent her at a continued children’s hearing. Statement of grounds were denied at a children’s hearing in October and the matter was referred to court. The sheriff held the grounds established and remitted the case back to a children’s hearing. That hearing has been continued for a safeguarder’s report as the hearing are considering placing my client’s child into foster care. This is the first hearing that I wish to represent my client at as she has only just instructed me.

A fresh grant of advice and assistance should be made here.
As this is an unspecified hearing you need our prior approval to provide ABWOR
You should submit the online ABWOR or uplift to ABWOR application to us for approval assuming your client qualifies financially for advice and assistance.

Example 11

My client who is a relevant person instructed me to represent her at a remit from court hearing after statement of grounds were held established by the sheriff. I granted advice and assistance to my client and I then sought the prior approval of SLAB to represent my client at this remit hearing but this was refused by you. The remit hearing took place and this hearing has been continued for a safeguarder’s report as the hearing are considering placing my client’s child into foster care. I wish to represent my client at this hearing.

Assuming that you have reached your authorised limit of expenditure under advice and assistance you can submit an increase application and again request prior approval from us to provide ABWOR to your client in order to represent her at this forthcoming hearing.

Example 12

I am representing a client who is a relevant person and who has asked me to represent her at a hearing as at her last hearing the panel members advised her that she should see a solicitor. The Social Work Department requested the hearing which concerns her two children.

A fresh grant of advice and assistance should be made here as this hearing is regarded as an unspecified hearing.
You will need to request ABWOR on the application or increase form.
You will need to apply the means test and we will decide the “effective participation” merits test.

Example 13

The hearing above has been continued as the foster carers were unwell and unable to bring the children to the hearing that day.

As this is the deferred hearing and assuming that you received our prior approval to provide ABWOR at the last hearing then you will not require to seek our prior approval again to provide ABWOR.
You may however need to submit an increase application if you have insufficient authorised expenditure to attend the deferred hearing.

Example 14

The continued hearing above took place and the children’s compulsory supervision orders have been varied in that the children are now required to reside with their father. My client wishes to appeal this decision to the sheriff and I wish to give her advice on this process.

A fresh grant of advice and assistance needs to be made as the work to be carried out relates to a court proceeding that is a distinct proceeding in terms of regulation 6(1) (f) of the 2013 regulations.

Example 15

The sheriff refused the appeal above and I conclude that the sheriff made an error in law in reaching her decision. My client therefore wishes to appeal the sheriff’s decision to the Sheriff Appeal Court and I wish to give her advice on this process.

A fresh grant of advice and assistance is needed as the work to be carried out relates to a court proceeding that is a distinct proceeding in terms of regulation 6(1) (j) of the 2013 regulations.

Example 16

The Sheriff Appeal Court allowed the appeal above and has now remitted the case back to the sheriff for reconsideration. I wish to advise my client about this process.

If your client was granted legal aid for the appeal before the Sheriff Appeal Court, then no advice and assistance is needed as the grant of legal aid for the appeal can be used to advise and represent your client at this remit hearing before the sheriff.
This is still considered to be part and parcel of the Sheriff Appeal Court proceedings.
If your client did not have legal aid for the Sheriff Appeal Court proceedings then you can grant advice and assistance to your client and thereafter apply for children’s legal aid to attend the remit hearing before the sheriff.

Example 17

I am representing my client who is a 15 year old boy. I provided ABWOR to him eight weeks ago at a “specified hearing” where he appeared from a place of safety after the alleged commission of an offence. At that hearing he accepted the offence statement of grounds and the panel members varied his compulsory supervision order adding a condition of residence with foster carers. This placement is not going well and the Social Work Department have now called for a review of the children’s hearing.

A fresh grant of advice and assistance is needed as when you last provided ABWOR to your client at the specified hearing a substantive decision regarding the compulsory supervision order was made.
The Social Work Department have now requested another hearing that is an unspecified hearing for which you need our prior approval to provide ABWOR.
You will need to submit a fresh ABWOR or uplift to ABWOR application seeking our prior authority to provide ABWOR and represent your client at this review hearing called at the request of the Social Work Department.

Example 18

I represented my client at a statement of grounds hearing and SLAB approved ABWOR for me to represent her at this hearing. My client denied the grounds and the matter has now been referred to the sheriff court for proof. At the statement of grounds hearing an interim compulsory supervision order was made specifying that my client’s child is to reside with foster carers. This interim order is due to expire next week and another children’s hearing has been fixed to consider whether to continue it or not as the court proof has still not taken place. I wish to represent my client at this ICSO extension hearing.
As there has been no decision as yet regarding a Compulsory Supervision Order, as opposed to an Interim Compulsory Supervision Order, the approval of ABWOR remains in place and you do not need to grant advice and assistance or apply for ABWOR to attend this hearing again.
You just submit an increase in authorised expenditure request if you had reached your limit of authorised expenditure under the advice and assistance reference number that you had for attending at the grounds hearing
Make it clear in the increase request that no decision regarding a final Compulsory Supervision Order has been made as yet.

Example 19

I am representing a client who appealed a decision of a children’s hearing to issue an interim Compulsory Supervision Order and the sheriff has remitted the matter to a children’s hearing to consider further the condition of contact with my client. I was given prior authority to provide ABWOR by SLAB for the previous hearing where the interim CSO was made and which my client then appealed. I was also granted children’s legal aid for the appeal proceedings before the sheriff. I now wish to represent my client at this remit children’s hearing.

As you were in receipt of ABWOR for the hearing that issued this interim CSO which was appealed and as no decision has been made regarding the final CSO (not the interim CSO) then you do not need a fresh application for ABWOR to attend this unspecified hearing.
You may need an increase in authorised expenditure if you have reached your current limit.
If you do so then you will require to tell us that you had ABWOR at the previous hearing and that the matter has been remitted to another hearing to consider further, making it clear that this appeal concerned an interim CSO rather than a final CSO.
If you were not in receipt of ABWOR for the hearing that issued the interim CSO that was appealed then you will need a fresh grant of advice and assistance for this forthcoming remit hearing and our prior authority to provide ABWOR
You will require to apply the means test and we will decide the “effective participation” test.

Example 20

I am representing a client who has successfully appealed a decision of a children’s hearing to reduce a condition of contact on a Compulsory Supervision Order before the sheriff. The sheriff has upheld the appeal and remitted the case back to a children’s hearing for further consideration. I was given prior authority to provide ABWOR from SLAB for the hearing that was then appealed and I was also granted children’s legal aid for the appeal proceedings before the sheriff. I now wish to represent my client at this remit children’s hearing.

A fresh grant of advice and assistance should be made to your client as this hearing is regarded as an unspecified hearing.
It is not a deferred hearing from the hearing that was successfully appealed.
At that hearing a final decision was made regarding a final Compulsory Supervision Order so that grant of ABWOR ended then.
You need a fresh grant of advice and assistance for this forthcoming hearing and our prior authority to provide ABWOR.
You apply the means test and we decide the “effective participation” merits test.

Example 21

I am representing a client and was granted ABWOR to attend a review children’s hearing at my client’s request. At this hearing the panel varied the condition of contact on the Compulsory Supervision Order but also called for an early review hearing in two months’ time to see how this was going. I wish to represent my client at this next early review hearing requested by panel members.

A fresh grant of advice and assistance is needed as this next hearing is regarded as an unspecified hearing.
It is not a deferred hearing from the hearing that varied the Compulsory Supervision Order when a final decision was made regarding that Order by varying the condition of contact.
You need a fresh grant to request ABWOR or uplift to ABWOR on a fresh online application or increase application.
You apply the means test and we decide the “effective participation” test.
We suggest that in the application you mention that you had been granted ABWOR to represent your client at the hearing where the panel members requested an early review and provide the reference number of that grant. This will assist and speed up the decision making process.

Example 22

I am representing a client and was granted ABWOR to attend a review children’s hearing at my client’s request. At this hearing the panel varied the condition of contact on the Compulsory Supervision Order and reduced the condition of contact with my client to once per fortnight. My client wishes to appeal to the sheriff against this decision in terms of S154 of the 2011 Act and I have submitted a sheriff court application for legal aid in that respect. Pending the actual outcome of the appeal my client also wants me to request another children’s hearing to seek the suspension of the hearing’s decision in terms of S158 of the 2011 Act.

A fresh grant of advice and assistance is needed as this next hearing to suspend the last hearing’s decision is an unspecified hearing.
Such a suspension hearing is not a deferred hearing from the hearing that varied the Compulsory Supervision Order when a final decision was made regarding that Order by varying the condition of contact.
You need to request ABWOR on the online application or uplift to ABWOR application.
You apply the means test and we decide the “effective participation” test.
We suggest that in the application you mention the fact that you had been granted ABWOR to represent your client at the hearing, which made the decision that you client is now seeking to suspend. This will assist and speed up the decision making process.

When fresh grants of advice and assistance (not ABWOR) are required in 2011 Act Proceedings