Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - payment of legal fees and related decisions: statutory guidance - updated November 2024

Status of this Guidance

1. This guidance is issued under section 106 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (“the Act”).

2. This guidance applies to all those with an interest in connection with the making, or consideration of an application for redress. This includes Redress Scotland, survivor applicants to the redress scheme, nominated beneficiaries, applicants for next of kin payments (“next of kin applicant”) and their legal representatives. All persons to whom this guidance applies must have regard to it.

3. This guidance covers:

• The background to and purpose of the payment of legal fees,
• The prescribed sums available,
• The circumstances in which assessments relating to the payment of legal fees will be undertaken by Redress Scotland,
• The procedure for how a fee payment request should be submitted,
• The exceptional or unexpected circumstances in which legal fees can be requested where an application for a redress payment was not submitted,
• The process and procedure for requesting additional sums beyond the prescribed sums and prior approval for incurring those costs,
• The review process for a fee payment request assessment.