How to Find a Family Law Solicitor in Scotland for Kinship Care

Where to Start Looking

The Law Society of Scotland's online Find a Solicitor tool lets you search by location and practice area. Filter for "family law" and your local area. Not every family law solicitor handles kinship care — some focus on divorce or commercial work — so when you make contact, ask specifically whether they deal with Section 11 orders and kinship care applications.

If you're on a low income, your first question should be whether the firm takes civil legal aid. Not all do. SLAB's legal aid fixed-fee structure means some firms have stopped taking on legally aided family cases because the rates don't cover their costs. This is a known problem across Scotland, and it's worse in rural areas.

Legal Aid Solicitor Directories

Three places to ask about legal support:

• SLAB's own Find a Solicitor directory — filters by legal aid category and location
• KCASS (Kinship Care Advice Service Scotland, 0808 800 0006) — provides specialist telephone advice and local authority guidance for kinship carers
• Clan Childlaw (0808 129 0522) — a charity offering confidential legal advice for children and young people in Scotland

When you contact a solicitor, confirm three things upfront: that they take civil legal aid, that they handle Section 11 family actions (not just contact disputes), and that they have capacity to take on a new case. Waitlists are common.

What Legal Aid Covers

SLAB funds two levels of assistance:

Advice and Assistance (A&A) covers the initial consultation, advising you on your options, and drafting the Initial Writ. Eligibility: weekly disposable income up to £245, disposable capital up to £1,716. Your solicitor assesses this at the first meeting and applies to SLAB.

Civil Legal Aid (CLA) covers full representation in the sheriff court — hearings, negotiations, and proof if the case is contested. Eligibility: annual disposable income not above £26,239 (no income contribution below £3,521). Capital ceiling: £7,405, with SLAB hardship discretion above that up to approximately £13,017.

Your solicitor handles both applications. If your income is above the A&A threshold but below the CLA threshold, there may be a gap where you pay for the initial advice privately but get legal aid for the court proceedings.

Can You Apply Without a Solicitor?

Legally, yes. Scotland permits party litigants — self-represented individuals — in the sheriff court. But a Section 11 family action under the Ordinary Cause Rules is procedurally complex. You need to draft an Initial Writ with precise craves, serve it through sheriff officers, and comply with Chapter 33 rules on intimation, timescales, and evidence.

Errors in the Initial Writ can cause the case to be dismissed or delayed. If the case becomes contested, you'll face a qualified solicitor on the other side at Child Welfare Hearings and any proof.

For uncontested cases where both sides agree, self-representation is more feasible — but even then, the drafting requirements mean most carers benefit from at least initial legal advice under the A&A scheme.

What Your Solicitor Needs from You

Come to the first meeting with:

• A clear timeline of when and why the child came to live with you
• The child's birth certificate and any existing court orders
• Evidence of your benefits or income (for the legal aid assessment)
• Contact details for the birth parents (needed for service)
• Names of any social workers or professionals involved with the child

The more organised you are at the first meeting, the faster your solicitor can draft the Initial Writ and apply for legal aid.

Our Kinship Care Orders in Scotland guide includes a solicitor intake checklist that covers everything you need to bring to that first appointment — nothing forgotten, no wasted time.

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