Multiple grants of advice and assistance

Your client may consult you about several different matters, either at the time of the initial grant or subsequently.  You must decide whether the advice and assistance relates to one or more distinct matters in accordance with Regulation 8(2) (b) of the 1996 Regulations and our guidance.

You should generally make a single grant of advice and assistance, if necessary seeking an appropriate increase in authorised expenditure.

If you are acting for a relevant person in the Children’s Hearings (Scotland) Act 2011 proceedings and they have more than one child who is the subject of proceedings you only need to make one grant of advice and assistance to your one client.

You must charge for all work carried out for your client in respect of their children under one advice and assistance account only.

Occasionally there can be some exceptions to this general rule – for example, where a client’s children attend entirely separate hearings on separate dates and have different care concerns.

Scenarios where separate grants are required for each child in proceedings under the Children’s Hearings (Scotland) Act 2011

Separate grants are required in situations where:

Where:

  • you have been appointed as a curator ad litem to more than one child and have decided to act in a dual capacity as both curator and nominated solicitor; or
  • you have been appointed as a curator ad litem to more than one child and you have instructed a separate nominated solicitor to act for the children; or
  • you have been appointed as a safeguarder to more than one child and the children have authorised you to instruct a separate nominated solicitor to apply for advice and assistance on their behalf; or
  • a relevant person to more than one child or another representative who is not a solicitor instructs you as nominated solicitor to make an application on behalf of the children

the nominated solicitor giving the advice and assistance must make separate grants of advice and assistance in respect of each child as each separate child will be the solicitor’s client and therefore the named applicant (the relevant person or other non-solicitor representative will be making the advice and assistance application on behalf of the children and in a representative capacity but the advice and assistance given by the nominated solicitor will be to each child).

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

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

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

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

Find out the legislative position on whether children’s advice and assistance can be given at the same time as children’s legal aid.

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.