Update to Children’s Handbook regarding sanction for unusual work

Thursday, Jun 14, 2018

We have amended the Children’s Handbook at Part 3, Chapter 6, Section 6.36 - ‘Work of an unusual nature’ to clarify when you require sanction for work of an unusual nature when you have children’s legal aid in place.

Regulation 21 of the Children’s Legal Assistance (Scotland) Regulations 2013 sets out the need for sanction for work of an unusual nature.

The handbook change doesn’t alter our requirements for seeking sanction but provides additional guidance on work considered to be unusual, namely: 

  • Drafting a Petition for specification of documents and attendance at any hearing fixed
  • Drafting a Devolution Minute and attendance at any hearing fixed to consider it terms

Such sanction is required even where counsel has not been sanctioned and where you intend to draft these motions and conduct the hearings associated with them yourselves.

These motions can be lengthy and expensive so we are required to check that this work is appropriate in the particular circumstances of a case prior to you, or counsel, carrying out such work.
For more information, please contact: Elizabeth Cuschieri, Senior Solicitor, Children’s Legal Services Department, cuschierili@slab.org.uk.

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