https://www.slab.org.uk/guidance/safeguarders-adults-with-incapacity/
https://www.slab.org.uk/guidance/safeguarders-adults-with-incapacity/
Where the sheriff appoints a safeguarder, responsibility for the safeguarder’s fees does not fall to any specific party. We cannot be found liable to meet the costs of a safeguarder. For the cost to be met from the Fund, an interlocutor is needed ordering that the assisted person meets such costs.
If you are acting for the safeguarder who considers that they should enter the process, your client should apply for civil legal aid. In these cases, if your client shows that they are entitled to enter the proceedings we will be satisfied there is probable cause.
Your client should focus on the need for this separate representation in the proceedings by detailing why the existing parties cannot adequately deal with any issues that might arise.
It is not enough to submit only a statement from the safeguarder indicating that they have been appointed so need legal aid. The statutory tests must be addressed and met before a grant can be made.
Our evidential requirements are:
When your client is acting in an official capacity, such as a court appointed safeguarder, the financial resources of that person are disregarded.
Information must be provided to us detailing:
Merits of different types of case
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
Merits of different types of case
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Merits of different types of case
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
Merits of different types of case
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Merits of different types of case
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
Merits of different types of case
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.