SLAB tightens practice on representative applications
The Scottish Legal Aid Board is revising its practice around admitting an applicant to advice and assistance where instructions are being given to a solicitor via a representative for the applicant.
An issue has arisen particularly in relation to asylum and immigration work, in the context of applications for entry clearance and family reunion, where solicitors are commonly instructed by the sponsor for the family member or members seeking to travel to the UK.
SLAB said its legislation requires the person in receipt of advice and assistance to be the client and the person for whom the work is being carried out.
Confusion has arisen because an informal position was previously arrived at, whereby SLAB agreed to accept one application by the sponsor to cover the work done on behalf of all family members applying for family reunion or entry clearance in certain circumstances.
However to ensure that valid grants of advice and assistance are made in all situations, for all grants made on or after 17 October 2022 the application must be in the name of the person for whom the work is to be carried out.
For grants from that date onwards, SLAB will only be able to pay for work carried out under a valid grant of advice and assistance which has properly assessed the eligibility of the applicant on behalf of whom the work is to be carried out.