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

Fee Payment Request

23. After the conclusion of legal work, a fee payment request must be submitted to the Scottish Ministers, on the form provided, and must set out:

• Which one or more of section 92(1), 93(1) or (3) of the Act that the request relates to,
• the legal work undertaken and when that work was carried out, and in the case of a request under section 93(1) or (3) of the Act, information about the exceptional or unexpected circumstances which the solicitor considers may justify payment of the prescribed sum or, as the case may be, an additional sum.

24. The fee payment request must also contain or be accompanied by any other information the solicitor considers relevant to the request. It must be submitted within 8 weeks of the applicant receiving notification of a determination under section 36 of the Act or the outcome of a review under section 57 of the Act . Where an application has been paused or withdrawn, or a potential applicant did not submit an application after receiving legal advice, the fee payment request must be submitted within 6 months of the receipt by the Scottish Ministers of the request to pause or withdraw or the decision not to apply for a redress payment, whichever is applicable.

25. The Scottish Ministers may consider a fee payment request outwith these timescales if they are satisfied that the solicitor had good reason for not making the request sooner.