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

Restriction on additional legal fees (section 96)

44. Section 96 of the Act provides that solicitors who obtain payments for legal work under the scheme in relation to a redress application, or a proposed application, may not also accept payment (directly or indirectly) for that work. Only advice and assistance relating to whether to pursue litigation as an alternative to making an application for a redress payment which goes beyond that which is necessary or appropriate as part of the legal work undertaken in making an application (or, as the case may be, in connection with a proposed application) can be charged separately.

45. The effect of this is that solicitors will not be able to top up the fee they receive from the redress scheme and by charging fees over and above that which are paid by scheme in relation to an application. Applicants who access legal advice funded by the redress scheme will be able to keep the entirety of their redress payment, without further legal fees being deducted or requested separately by their solicitor in relation to work that is already covered by the redress scheme’s legal fees provisions. For example, an arrangement should not be made in this context for a solicitor to receive a percentage of a survivor’s redress payment to cover legal fees.