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Entries in judicial review (1)

Sunday
Aug212011

Legal aid refusal goes to judicial review

The refusal by the Scottish Legal Aid Board (SLAB) to provide legal aid for a parenting assessment has been successfully challenged at a Court of Session Hearing.

A mother who is opposing a supervision order that her son lives with his grandparents has won a judicial review of SLAB's refusal of her legal aid application to pay for a parenting assessment ahead of a children's hearing.

Although this decision by Lord Malcolm relates to the particular circumstances of this case, it may assist others who are seeking funding for specialist assessments, and adds to the debate over legal representation at children's hearings.  Lord Malcolm refers to "cryptic and unhelpful responses" by SLAB in this case and their failure to discuss the decision or act with the necessary urgency as being factors in his decision.

At a time when it seems to be increasingly difficult to obtain legal aid in Scotland, we will await the result of the judicial review in this case with great interest.