Age of Criminal Responsibility (Scotland) Act 2019: child interview rights practitioners application guidance
Expressions of interest are being invited for children’s solicitors to support children in investigative interviews by the police when instances involving serious harmful behaviours and circumstances have happened.
Fee structure
Fixed appointment fee (£400)
This is a flat fee in respect of an appointment as a ChIRP and covers:
- reviewing available information (including the child’s interview plan)
- communications with police officers and social workers and other relevant parties such as the child’s supporter prior to and following the investigative interview
- consultation with the child prior to and following the interview
- preparing for the investigative interview
Consider interview plan and liaise with police/social work - £110 fixed fee
If upon receipt of the child’s interview plan, a ChIRP realises there is a conflict of interest and needs to withdraw, it is not appropriate to claim a fixed appointment fee. If a ChIRP subsequently becomes aware of a reason why they cannot continue they will be able to claim for the work carried out.
Attendance at the investigative interview: £110.00-£220.00 (per daily attendance)
As the ChIRP must remain on-site and at any time may be requested by the child, we would propose that this is the amount paid regardless of whether the ChIRP is with the child in the interview room or whether they are elsewhere in the building. If the ChIRP attends the interview but the child is not able to attend, we would propose to pay the fee of £110.00 to the ChIRP for making themselves available to attend.
A daily fee of £110 can be claimed for attendance of less than 2 hours with a maximum amount of £220 for attendance that is over 2 hours.
Travel time
We have recognised travel time in the proposed fee structure which is in line with the rates payable under the safeguarder scheme:
- anything under 4 hours – fixed fee of £30
- anything between 4 – 6 hours (round trip) – fixed fee of £65
- anything between 6 – 8 hours (round trip) – fixed fee of £130
- over 8 hours (round trip) – fixed fee of £150 per each day of travel
Travel should be calculated between the ChIRPs base/residence and the place visited. The shortest practicable route should be taken and the most effective form of transport must be considered.
Reimbursement of expenses and allowances
The general principle governing the claiming of expenses and allowances is that reimbursement is not appropriate unless additional expense is actually incurred in carrying out the role of a ChIRP and attending the investigative interview. When this occurs, all expenses and allowances including actual receipted costs and flat rate mileage payments are payable to ChIRPs. The rate reimbursed for expenses and allowances is as set out for safeguarders.
Where there are items of expenses where it is not possible to obtain receipts (such as paying for parking by phone) then this should be claimed for with an explanation of why the receipt isn’t available. A cap of £10 has been set on unavailable receipts.
Expense or allowance type | Rate |
Bed and breakfast | Up to £75.00. Receipt required |
Car hire | Receipt required |
Car parking | Receipt required |
Staying with friend | £25.00 per 24 hours |
Meals allowance | Maximum £23.50 per 24 hours and receipted |
Motor mileage rate | £0.45 per mile |
Motor cycle allowance | £0.24 per mile |
Pedal cycle allowance | £0.20 per mile |
Passenger supplement | £0.05 per mile per passenger |
Overnight by train or boat | £24.10 per 24 hours |
Public transport air | Receipt/ticket required |
Public transport bus | Receipt/ticket required |
Public transport rail | Receipt/ticket required. Standard class should be used |
Public transport ferry | Receipt/ticket required |
Public transport taxi | Receipt/ticket required |
Public transport tube | Receipt/ticket required |
Toll charges | Receipt/ticket required |
Personal incidental expenses allowance | Up to £5.00 per day. Receipt required |
Necessary ancillary administrative expenses | Receipt required |
Miscellaneous | Receipt required |
Interpretation fees
Should the services of an interpreter be required, this will be sourced and authorised by the Scottish Government.
Application for fees and expenses
The ChIRP will provide Scottish Government with a valid invoice for payment of fees and expenses when the investigative interview concludes. Further guidance on this will be provided following registration.
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