Court Fee Exemption in Scotland: How Kinship Carers Avoid the £185 Sheriff Court Fee

What the Sheriff Court Charges

Lodging a family action in the sheriff court — the kind of application you need for a kinship care order under Section 11 of the Children (Scotland) Act 1995 — currently costs £185. Additional court fees apply at later stages: motions, fixing hearings, and obtaining certified copies of the final decree all carry their own charges. Sheriff officer service fees (for delivering papers to the birth parents) are separate professional outlays on top.

For kinship carers on fixed pensions or benefits, these costs stack up fast. The good news is that Scotland has a fee exemption system that can eliminate the court fees entirely.

Who Qualifies for a Fee Exemption

You're exempt from SCTS (Scottish Courts and Tribunals Service) court fees if you receive any of these qualifying benefits:

• Income Support
• Universal Credit with no earned income
• Income-based Jobseeker's Allowance
• Income-related Employment and Support Allowance
• Pension Credit (Guarantee Credit)

If you do not receive one of the qualifying benefits listed above, check the current SCTS form instructions to see whether another exemption route applies.

Form C18 and the Abbreviated Fee Exemption Form

SCTS lists Form C18 and an Abbreviated Fee Exemption Form:

For the qualifying benefit routes listed above, submit the completed SCTS Fee Exemption Form with benefit evidence alongside the Initial Writ. Follow the current SCTS instructions to confirm which form and evidence apply to your case. If approved, the £185 lodging fee is waived, along with subsequent court fees for that case.

The Abbreviated Fee Exemption Form is a separate shorter form. Check its current instructions to confirm when you can use it and what evidence to provide.

Your solicitor typically handles the exemption paperwork as part of the lodging process. If you're on legal aid, the fee exemption and the legal aid application are separate — legal aid covers your solicitor's fees, while the court fee exemption covers the court's charges. You need both.

What If You Don't Qualify for an Exemption?

If you do not receive one of the qualifying benefits listed above, check the current SCTS instructions to see whether another exemption route applies. You can also ask your local council about assistance towards kinship care legal costs. Under Part 13 of the Children and Young People (Scotland) Act 2014, local authorities provide Kinship Care Assistance for eligible children. Glasgow City Council, for example, offers grants of up to £1,500 towards legal costs for eligible carers — but you must apply to the council's kinship team before incurring the expenses, not after.

Some councils cover the court fee directly or reimburse it. This varies across Scotland's 32 local authorities, so check with your council's kinship social work team early in the process.

How to Claim

1. Ask your solicitor for the SCTS Fee Exemption Form (C18 or Abbreviated)
2. Gather evidence: your latest benefit award letter or UC statement showing no earned income
3. Your solicitor submits the form with the Initial Writ when lodging the action
4. The sheriff clerk processes the exemption; ask your solicitor or the clerk how the decision will be recorded and whether any fee is due while it is pending

If you're applying for a kinship care order and want to understand all the costs, exemptions, and council assistance options in one place, our Kinship Care Orders in Scotland guide includes a fee decision tree that maps out every pathway.

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