Termination of legal aid on change of circumstances

We may terminate a grant of legal aid under regulation 30 of the Children’s Legal Assistance (Scotland) Regulations 2013 in the following circumstances:

  • Where, after an amended determination or redetermination, it is clear your client was not financially eligible for legal aid
  • Where the appropriate statutory merits test for receiving legal aid are no longer considered to be met

Termination in these circumstances does not affect your client’s status during the period while the grant of legal aid was in force and does not entitle us to recover our outlays.

Suspension of legal aid
Termination of children’s legal aid other than on change of circumstances

In this section

Changes in circumstances and withdrawal of legal aid

Duty to report change of circumstances

Find out what changes in circumstances must be reported to us and who has a duty to report such changes, including solicitors and counsel.

Changes in circumstances and withdrawal of legal aid

Duty to report abuse of legal aid

Find out about what constitutes abuse of legal aid and your duty, and that of counsel, to report abuse of legal aid to us.

Changes in circumstances and withdrawal of legal aid

Our power to amend assessment

Find out when we can reassess your client’s financial eligibility or carry out a redetermination based on corrected information.

Changes in circumstances and withdrawal of legal aid

Suspension of legal aid

Find out in what circumstances we can suspend legal aid and the effect of suspension on the provision of legal aid by you.

Changes in circumstances and withdrawal of legal aid

Termination of children’s legal aid other than on change of circumstances

Find out when we can stop making legal aid available where there is no change in circumstances and whether we can recover sums paid from your client.

Changes in circumstances and withdrawal of legal aid

Termination of legal aid in cases of false or incomplete information

Find out when we can terminate legal aid where false or incomplete information supplied and when it can recover sums paid from the Fund from your client.