Redress Scotland solicitor fees: FOI release

Information requested

1. Are solicitors allowed to charge a 10 percent fee for helping the survivors of csa or are they just entitled to a set amount of fees?
https://www.gov.scot/publications/redress-survivors-historical-child-abuse-care-scotlandact-2021-statutory-guidance-payment-legal-fees-related-decisions-made-redressscotland/#:~:text=If%20it%20is%20Redress%20Scotland's,the%20work%20was%20reasonably%20undertaken

2. If solicitors are charging a percentage of a survivors redress payment above what's allowed what can a survivor do if paper work has been signed this is just for the redress scheme not for any civil action?

3. What will the Scottish Government do if solicitors are abusing their powers?

Response

You asked the following 3 questions, and I have undernoted the response to each question for ease of reference:

1. Are solicitors allowed to charge a 10 percent fee for helping the survivors of csa or are they just entitled to a set amount of fees?
https://www.gov.scot/publications/redress-survivors-historical-child-abuse-care-scotlandact-2021-statutory-guidance-payment-legal-fees-related-decisions-made-redressscotland/#:~:text=If%20it%20is%20Redress%20Scotland's,the%20work%20was%20reasonably%20undertaken

In response to your question 1, it is very important that an applicant checks the terms of their engagement with a solicitor prior to the solicitor conducting any business on their behalf. If an applicant finds that a solicitor is not willing to work via the prescribed fees available through Scotland’s Redress Scheme (the scheme) and intends to charge a client direct for their services, it is up to the applicant to decide whether to continue on that basis or whether to seek alternative representation from someone who will use the scheme funding model. Section 96 of the Act provides that solicitors who obtain payments for legal work under the scheme in relation to a redress application may not also charge their clients separately for work carried out in relation to the same application. The effect of this is that solicitors will not be able to top up the fee they receive from the scheme and recoup fees over and above that which is paid by scheme. Applicants who access legal advice funded by the scheme will be able to keep the entirety of their redress payment, without any legal fees being deducted or requested separately by their solicitor in relation to work that is already covered by the scheme’s legal fees provisions.

2. If solicitors are charging a percentage of a survivors redress payment above what's allowed what can a survivor do if paper work has been signed this is just for the redress scheme not for any civil action?

The applicant must provide their own bank details for any payments that need to be made. Payments can only be made to applicants themselves. They cannot be made to anyone else. Where an application form contains solicitor bank details the applicant will be contacted to request their own bank details be provided.

3. What will the Scottish Government do if solicitors are abusing their powers?

Robust checks are in place to deter and identify duplicate or inappropriate claims for expenses. In the event Scottish Government became aware of potential misconduct of a solicitor, as in any situation of potential misconduct, Scottish Government would seek l advice and discuss appropriate next steps.

Further details relating to the information you have requested is available from Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021: statutory guidance – payment of legal fees and related decisions made by Redress Scotland - gov.scot (www.gov.scot). Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.