When you cease to be a subject child’s duty solicitor

You will cease to act as a duty solicitor to a subject child when one of the following events occur:

  • you meet the child and decide that they are too young to instruct you directly
  • you meet the child and they tell you that they do not want you to represent them
  • you are unable to meet the child before the hearing and do not have their instructions
  • you are told and have verified, that the child already has a solicitor of choice who can represent them at the hearing
  • at the conclusion of the S48 CPO Hearing before the sheriff
  • at the conclusion of the second day working hearing
  • for custody or secure hearings, when a final (rather than an interim) decision is made on a full CSO in relation to the child at the hearing or at any deferred hearing.

Future hearings

If the child instructs you to act at a future hearing under the 2011 Act, for example at:

  • an Eighth Working Day hearing
  • an early review hearing at the request of panel members
  • a three month secure review hearing

then you will become their solicitor of choice and you will need to apply for ABWOR to attend these hearings.

Where a child wants you to be their solicitor of choice for future hearings after you have provided them with automatic legal aid as a duty solicitor you should let the Reporter know so they can contact you directly as the child’s solicitor rather than asking us to appoint a duty solicitor.

If you are instructed to act as a solicitor of choice you can provide ABWOR. Ensure that you select the correct hearing type in the ABWOR (and non-automatic) online application. This can avoid financial and “Effective Participation” questions for the four specified hearing types and your application will be processed quickly.

The children’s duty scheme and providing automatic legal aid under the 2011 Act
Claims for payment for the provision of automatic legal aid by the duty solicitor

In this section

Duty Scheme and Recommendation Requests

The Children’s Duty Scheme and Automatic Legal Aid

Find out about automatic grants of legal aid to children in certain circumstances, and when a duty solicitor is appointed to a child for 2011 Act proceedings.

Duty Scheme and Recommendation Requests

Operation of duty scheme under the 2011 Act

How the duty scheme works under the 2011 Act, when you can act as duty solicitor, registration, and criteria for accepting instructions as duty solicitor.

Duty Scheme and Recommendation Requests

The children’s duty scheme and providing automatic legal aid under the 2011 Act

Find out when you as duty solicitor can grant automatic legal aid (conditions that must be met), what work this will cover and how to submit applications.

Duty Scheme and Recommendation Requests

Claims for payment for the provision of automatic legal aid by the duty solicitor

Find out the basis of and process for charging of work you have undertaken as duty solicitor.

Duty Scheme and Recommendation Requests

Recommendation requests under the Children’s Hearings (Scotland) Act 2011 – Rule 50 and 61

Find out about recommendation requests and their relationship to the children’s duty scheme and automatic children’s legal aid in 2011 Act proceedings.