The Children’s Legal Assistance (Scotland) Regulations 2013

Notification of decision

19.—(1) The Board must give notice of its decision to grant or, as the case may be, refuse, legal aid to the applicant and the applicant’s solicitor.

(2) Where the Board grants the application it must give notice to the applicant of any conditions with which, by virtue of section 28G(1) of the Act, that applicant is required to comply and as to its determinations under regulation 16 (contributions for children’s legal aid).

(3) Where the Board, in terms of regulation 29 (suspension of legal aid), suspends the availability of legal aid, it must inform the assisted person and that person’s solicitor of the grounds of such suspension.

(4) Where the Board refuses an application it must inform the applicant and the applicant’s solicitor that the application has been refused on one or more of the following grounds—

(a) in the case of an application under section 28D of the Act (availability of children’s legal aid: child), that the Board is satisfied—

(i) it is not in the best interests of the applicant that children’s legal aid be made available;

(ii) it is not reasonable in the circumstances of the case that the applicant should receive children’s legal aid;

(iii) the expenses of the case can be met without undue hardship to the applicant;

(b) in the case of an application under section 28E of the Act (availability of children’s legal aid: relevant person), that the Board is satisfied—

(i) it is not reasonable in the circumstances of the case that the applicant should receive children’s legal aid;

(ii) the expenses of the case can be met without undue hardship to the applicant;

(c) in the case of an application under section 28E(5) of the Act, that the Board is satisfied—

(i) it is not reasonable in the circumstances of the case that the applicant should receive children’s legal aid;

(ii) the expenses of the case can be met without undue hardship to the applicant;

(iii) the applicant does not have substantial grounds for making or responding to the appeal;

(d) in the case of an application under section 28F of the Act (availability of children’s legal aid: appeals relating to deemed relevant person), that the Board is satisfied—

(i) it is not reasonable in the circumstances of the case that the applicant should receive children’s legal aid;

(ii) the expenses of the case can be met without undue hardship to the applicant;

(iii) the applicant does not have substantial grounds for making or responding to the appeal;

(e) in the case of an application under regulation 5 (children’s legal aid: individual), that the Board is satisfied—

(i) it is not necessary for the applicant to be represented by solicitor or counsel in order to effectively participate in the proceedings;

(ii) it is not reasonable in the circumstances of the case that the applicant should receive children’s legal aid;

(iii) the expenses of the case can be met without undue hardship to the applicant or the dependants of the applicant;

(f) the proceedings to which the application relates are not proceedings for which children’s legal aid may be given;

(g) it appears to the Board, by virtue of the provisions of regulation 14 (person applying in fiduciary capacity etc) or regulation 15 (applicant having rights and facilities), that children’s legal aid should not be granted.

(5) Where the Board refuses an application it must inform the applicant and the applicant’s solicitor that the applicant may apply for a review under section 28H of the Act(2), except where the refusal follows a review under that section.

(1)

Section 28G was inserted by section 191 of the 2011 Act.

(2)

Section 28H was inserted by section 191 of the 2011 Act.