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

Fees where no application for redress payment submitted in exceptional or unexpected circumstances (section 93(1) and (2))

29. Different rules apply in respect of the payment of fees for legal work where an application for a redress payment has not actually been submitted.

30. Where legal work is undertaken in respect of a person who sought advice or assistance on their eligibility to apply for a redress payment, but did not subsequently submit an application, any related fee payment request will be submitted as soon as reasonably practicable by Scottish Ministers to Redress Scotland for assessment. The prescribed sum of £250 (plus VAT where applicable) will only be paid, in these circumstances, where Redress Scotland assesses that the legal work was reasonably undertaken and there are exceptional or unexpected circumstances justifying payment.

31. Exceptional or unexpected circumstances to justify payment, may, for example, be the death, serious injury or illness of the potential applicant. It does not include straightforward circumstances in which the solicitor gave advice to the potential applicant, but they simply chose not to apply for a redress payment.

32. The outcome of Redress Scotland’s assessment, together with a summary of its reasons for that assessment, will be notified to the solicitor by the Scottish Ministers as soon as reasonably practicable after they receive it.