The Children’s Legal Assistance (Scotland) Regulations 2013

Children’s legal aid: individual

5.—(1) Children’s legal aid is available to an individual to whom section 126 of the 2011 Act refers in respect of any proceedings before a sheriff, sheriff principal or in the Court of Session in connection with a hearing under that section where the conditions in paragraph (2) are met.

(2) The conditions are that the Board is satisfied that—

(a) for the purpose of enabling the individual to participate effectively in the proceedings, it is necessary that the individual be represented by a solicitor or counsel;

(b) it is reasonable in the particular circumstances of the case that the individual should receive children’s legal aid; and

(c) after consideration of the disposable income and disposable capital of the individual, in accordance with these Regulations, the expenses of the case cannot be met without undue hardship to the individual or the dependants of the individual.

(3) When determining for the purposes of condition in paragraph (2)(a) whether the individual would be able to participate effectively in the proceedings, the Board must take into account the following matters—

(a) the nature and complexity of the case (including any points of law);

(b) the ability of the individual, with the assistance of any accompanying person, to consider and challenge any document or information before the proceedings; and

(c) the ability of the individual, with the assistance of any accompanying person, to give his or her views in the proceedings in an effective manner.