Question reference: S6W-26051
- Asked by: Jackson Carlaw, MSP for Eastwood, Scottish Conservative and Unionist Party
- Date lodged: 8 March 2024
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Current status: Answered by Maree Todd on 22 March 2024
Question
To ask the Scottish Government whether it can confirm whether the parents of adults with learning disabilities may be required to meet costs of around £720 to successfully renew guardianship orders.
Answer
It is difficult to confirm costs in guardianship cases as the circumstances will differ in each case.
When registering a guardianship order renewal, the Office of the Public Guardian (OPG) will charge a £95 fee. This fee covers the administrative processing of the renewal application. There is also a lodging fee of £138 charged by the Sheriff Court (from 1 April it will be £141). There may also be a fee for the medical examination, however this will depend on the doctor that is used and whether they charge for such a service.
The parents will need to seek legal assistance from a solicitor to navigate the renewal process, in which they will incur additional costs in the form of legal fees for the services provided by the legal professionals. These fees can vary depending on the complexity of the case and the amount of assistance required.
The Scottish Legal Aid Board (SLAB) are responsible for administering legal aid in Scotland. SLAB will assess eligibility based on financial circumstances of each case. If individuals were to meet the criteria, SLAB can provide funding for representation in legal matters, reducing or eliminating the costs associated with renewing their guardianship order.