Written Question · S3W-24874 · Session 3
How many applications for civil legal aid have been made to the Highlands and Islands Civil Legal Assistance Office; how many were for advi…
The question
To ask the Scottish Executive how many applications for civil legal aid have been made to the Highlands and Islands Civil Legal Assistance Office; how many were for advice and assistance, and how many were granted, broken down by type of matter.
The answer
Advice and assistance is granted by the solicitor subject to a test of the applicant''s financial eligibility. Solicitors then intimate to the board that advice and assistance has been granted.
Applications for civil legal aid are made by solicitors to the Legal Aid Board on behalf of clients. The board grants legal aid subject to tests of financial eligibility, probable cause and reasonableness. Although its solicitors are employed by the Scottish Legal Aid Board, the Highlands and Islands Civil Legal Assistance Office applies to the board in the same way as solicitors in private practice in order to ensure that its clients are eligible for civil legal aid. It also checks whether it is possible for a solicitor in private practice to act for the client under legal aid before providing services itself.
The following tables give the numbers of intimations of advice and assistance and applications for civil legal aid made by the Highlands and Islands Civil Legal Assistance Office since it began providing services in February 2008 (it was formally opened on 5 August 2008). The information provided has been broken down by the groupings used in the Scottish Legal Aid Board''s annual report.
For civil legal aid, the difference between the number of applications and grants does not necessarily equate to the number of applications which have been refused. There may be applications which have not yet been assessed or for which additional information is required in order to enable assessment to be completed.
Advice and Assistance
Annual Report Grouping
| Intimations
Adults with incapacity
| 9
Aliment/Child Support Agency
| 4
Antisocial Behaviour Orders (ASBO)
| 7
Breach of contract
| 1
Children (Scotland) Act
| 20
Contact
| 28
Contempt of court
| 1
Criminal Injuries Compensation Authority
| 2
Divorce
| 11
Employment
| 4
Employment Tribunals
| 1
Family/matrimonial-other
| 15
Hire purchase/debt
| 8
Housing
| 23
Interdict/harassment/non-harassment
| 35
Applications for civil legal aid are made by solicitors to the Legal Aid Board on behalf of clients. The board grants legal aid subject to tests of financial eligibility, probable cause and reasonableness. Although its solicitors are employed by the Scottish Legal Aid Board, the Highlands and Islands Civil Legal Assistance Office applies to the board in the same way as solicitors in private practice in order to ensure that its clients are eligible for civil legal aid. It also checks whether it is possible for a solicitor in private practice to act for the client under legal aid before providing services itself.
The following tables give the numbers of intimations of advice and assistance and applications for civil legal aid made by the Highlands and Islands Civil Legal Assistance Office since it began providing services in February 2008 (it was formally opened on 5 August 2008). The information provided has been broken down by the groupings used in the Scottish Legal Aid Board''s annual report.
For civil legal aid, the difference between the number of applications and grants does not necessarily equate to the number of applications which have been refused. There may be applications which have not yet been assessed or for which additional information is required in order to enable assessment to be completed.
Advice and Assistance
Annual Report Grouping
| Intimations
Adults with incapacity
| 9
Aliment/Child Support Agency
| 4
Antisocial Behaviour Orders (ASBO)
| 7
Breach of contract
| 1
Children (Scotland) Act
| 20
Contact
| 28
Contempt of court
| 1
Criminal Injuries Compensation Authority
| 2
Divorce
| 11
Employment
| 4
Employment Tribunals
| 1
Family/matrimonial-other
| 15
Hire purchase/debt
| 8
Housing
| 23
Interdict/harassment/non-harassment
| 35
In the Official Report
No contribution in the Official Report cites S3W-24874 by reference.