Reminder of requirements for children’s duty solicitors appointed to act for a subject child at duty hearings

This update is to remind anyone appointed as duty solicitor for a child for a hearing of the requirements that must be met prior to attending the hearing.

Some solicitors have recently been attending hearings without instructions on the misunderstanding that they are required to attend as we have asked them to act.

Our children’s duty scheme guidance sets out the requirements before attending a hearing.

As the duty solicitor it is essential that you speak to the child prior to the hearing taking place to establish that the child:

• does not already have a solicitor of choice
• is old enough and able to give you direct instructions
• wants you to represent them at the hearing
• has given you instructions as to what they want to happen at the hearing.

If any of the above circumstances are not met, then you can no longer act as the duty solicitor for that child.

However, you can charge under automatic legal aid for all reasonable and necessary time and outlays incurred for establishing any of the above and returning  to your office or ordinary place of work if applicable.

Declaration required for claiming payment as child’s duty solicitor

Please also note that if you wish to claim payment under automatic legal aid as the child’s duty solicitor you must always fully complete and sign a Declaration.

This is the correct Declaration to use.

You can never sign a Declaration on behalf of the child but there are circumstances where it is not necessary to obtain their actual signature (see our guidance on signatures).

Following the above guidance will ensure that you receive payment for the work that you carry out as a Duty Solicitor.

More information

Please contact:

Elizabeth Cuschieri

Solicitor, Children’s and Civil Legal Assistance

Email: cuschierili@slab.org.uk