Legal Aid for Kinship Care Orders in Scotland

Why You Might Need Legal Aid

If you're raising a kinship child and need to formalise the arrangement through a Section 11 Kinship Care Order (residence order), you'll need to apply to a Sheriff Court. While some carers handle the process without a solicitor, most find legal representation essential — especially when birth parents contest the application or when social work involvement has been complicated.

Private solicitor fees in Scotland typically run between £150 and £350 per hour. For kinship carers already under financial strain, legal aid can help with the cost of securing a court order.

How to Apply for Civil Legal Aid

Legal aid for kinship care order applications is administered by the Scottish Legal Aid Board (SLAB). You can contact SLAB directly or speak with a legal aid solicitor about an application.

The process:

1. Find a solicitor who does family law legal aid work. Not all solicitors accept legal aid cases. SLAB's online directory lists registered firms in your area, or call SLAB on 0131 240 2802 for information.
2. Ask SLAB or the solicitor what to submit for your case and financial circumstances.
3. SLAB assesses eligibility, including your income and capital.
4. Confirm the costs before proceeding with the solicitor or SLAB.

Ask SLAB or your solicitor how long an application may take in your case, especially if it is urgent.

Financial Eligibility

SLAB assesses income and capital for civil legal aid. Ask SLAB or a legal aid solicitor to confirm the current eligibility thresholds and whether a contribution would apply in your case.

When Your Council Should Pay

Here's something many kinship carers don't know: under Part 13 of the Children and Young People (Scotland) Act 2014, local authorities have a discretionary power to contribute to the legal costs of securing a Kinship Care Order.

Part 13 of the Children and Young People (Scotland) Act 2014 gives councils discretionary power to contribute to legal costs associated with securing a Kinship Care Order. The Kinship Care Assistance (Scotland) Order 2016 is SSI 2016/153. Ask your council whether it will contribute.

If social work is actively encouraging you to apply for a Section 11 order — particularly if the child is currently looked after and the council wants to end the formal care arrangement — it's reasonable to ask the council to cover or contribute to legal costs. The argument: the council saves money when a child moves from looked-after status (where they pay the full gross SRA) to a Section 11 arrangement (where they pay a lower net amount after benefit deductions). Covering your legal fees to make that transition happen is financially rational for the council.

Raise it with your social worker first, then with the social work team manager if needed. Get any agreement in writing.

Advice and Representation Short of Full Legal Aid

If you don't qualify for full legal aid, or while you're waiting for the application to be processed:

• Advice and Assistance (A&A): Ask a legal aid solicitor whether Advice and Assistance can cover initial legal advice in your case.
• Clan Childlaw: A Scottish legal charity that publishes guidance on Section 11 kinship rights.
• KCASS helpline (08000 28 22 33): Can explain the legal process and refer you to solicitors experienced in kinship care cases.

The Financial Case for Getting the Order

A Section 11 Kinship Care Order isn't just a legal formality. It unlocks the statutory kinship care allowance under Part 13 (if the child was previously looked after or is assessed as "at risk"), gives you parental responsibilities and rights that schools and hospitals recognise, and provides the long-term security both you and the child need.

Carers in purely private arrangements without a court order are not eligible for Part 13 council allowances. Where the council has facilitated or approved a placement without a formal order, it may use Section 22 of the Children (Scotland) Act 1995 to make discretionary maintenance payments. The available support depends on the care arrangement and council involvement.

Our Scotland Kinship Financial Help Guide covers the full financial pathway from informal care through to a formal Section 11 order, including what changes at each stage and how to make sure no payments are lost during the transition.

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