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

Referral to Redress Scotland

26. It is anticipated that where an application for a redress payment is submitted (regardless of whether it is successful or not, or is withdrawn), almost all fee payment requests will be paid to the solicitor by the Scottish Ministers without any referral to Redress Scotland.

However, an assessment by Redress Scotland of a fee payment request is required in certain circumstances, including:

• where the Scottish Ministers believe that the legal work may not have been reasonably undertaken in making the application for a redress payment,
• where fees are requested when no application for a redress payment was submitted and it is argued that there are exceptional or unexpected circumstances justifying payment,
• for payment of additional legal fees (on top of the relevant prescribed sum) and for prior approval to undertake work incurring such fees.

Where the Scottish Ministers believe that the legal work may not have been reasonably undertaken

27. Where the Scottish Ministers believe that legal work may not have been reasonably undertaken in making the application for a redress payment, they will, as soon as reasonably practicable, refer the fee payment request to Redress Scotland to assess.

28. Examples of when a referral might be made to Redress Scotland because the Scottish Ministers believe the work may not have been reasonably undertaken may include:

• where legal work which was carried where it ought to have been obvious to the solicitor that the person was not eligible because of the particular setting or dates of abuse, but nevertheless the solicitor submitted an application - for example, where the setting involved was a day school.
• where an incomplete application was submitted with significant material missing and then soon thereafter was paused or withdrawn.