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

Prescribed Sums

12. Generally, solicitors who carry out legal work in relation to an application for a redress payment will (if the work is reasonably undertaken) receive the relevant prescribed sum for the work - in other words, a fixed fee.

13. The prescribed sum for the purposes of section 93(1) of the Act is set out in regulation 6(5) of the Regulations and stands at £250. This will be payable if Redress Scotland:

• assesses that there are exceptional or unexpected circumstances which justify paying it, and
• considers that legal work has reasonably been undertaken in connection with a proposed application by a person who sought legal advice on the person's eligibility to apply for a redress payment, but did not subsequently apply.

14. Further prescribed sums under the Act for the purpose of section 92(1) of the Act are set out in the schedule of the Regulations in a Table of Fees, which is attached at Annex A of this guidance. The Table of Fees is split into different Parts, covering:

• first applications (Part 1),
• subsequent applications (Part 2),
• reviews (Part 3), and
• nominated beneficiaries (Part 4).

15. In accordance with regulation 6 of the Regulations:

• Column B in the Table prescribes sums that may be claimed for legal work reasonably undertaken where an application for a redress payment has been submitted but has not been determined by Redress Scotland because it has been paused or withdrawn, or because of the death of the applicant.
• Column A in the Table prescribes sums for all other legal work reasonably undertaken in making an application for a redress payment on behalf of a person, whether or not that work is conducted before or after the determination of the application and whether or not the application resulted in an offer of a redress payment.

16. The sum payable is set out in the relevant column in the relevant Part of the schedule and corresponds to the work undertaken and described. VAT will be added to this where applicable. So, for example, the prescribed sum in respect of legal work reasonably undertaken in connection with a first application for a fixed rate payment is generally £450 (plus VAT where applicable). However, if such an application were paused or withdrawn, or the applicant died before the application was determined, the prescribed sum would be £340 (plus VAT where applicable). In respect of legal work in connection with a first application for an individually assessed payment, the prescribed sum is generally £2000 (plus VAT where applicable). However, again, if such an application were paused or withdrawn or the applicant died before the application could be determined the prescribed sum would be £1500 (plus VAT where applicable).

17. In exceptional or unexpected circumstances, solicitors may be able to obtain an additional sum to that which is prescribed under the Act (see below).

18. However, the prescribed sums have been set at levels which ought to properly reflect the amount of work which will be required in almost all cases and gives solicitors certainty as to the sum they can expect to receive.