Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - payments materially affected by error: statutory guidance

Rights of Review

28. Relevant persons who are notified of the outcome of a reconsideration under the Payment Regulations may request a review of it. A request for a review must be made in writing to Scottish Ministers and be made by the end of the period of 8 weeks beginning with the date on which notice of the outcome was received by the relevant person. The request for review must also specify why a review is being requested and contain any information the person requesting the review considers relevant.

29. Given the reconsideration relates to a professional business related payment, the relevant person is not entitled to access any of the services available in connection with support, legal advice and reimbursement of costs and expenses. These services are reserved for applicants to the scheme only.

30. The person may request a review of the decision to the extent that a person is not entitled to reimbursement of a cost or expense or that the cost and expense to be reimbursed is less than the sum requested.

31. Where the named person fails to submit a request for a review within this timeframe, a review may still be conducted despite the request for it not being made within the 8 weeks period mentioned in regulation 3(2)(b) of the Payment Regulations. This may occur where Redress Scotland is satisfied that the person had good reason for not requesting a review sooner. This may include circumstances where the person was seriously ill or had personal circumstances which prevented them from making a request within the prescribed time limit. This information will be used by Redress Scotland in determining whether the review will be permitted to go ahead outside of the normal timeframe.

32. The review will be carried out by a review panel of at least two members of Redress Scotland appointed by the chairing member and must not include any member of the reconsideration panel which determined the outcome which is the subject of a request for review. The review will be based on the evidence originally considered by Redress Scotland when assessing the reconsideration, and any further evidence provided to or obtained by the review panel.

33. The review panel will not include any panel members which determined the reconsideration now subject to review.

34. Under section 10 of the Act, Scottish Ministers must provide such administrative support to Redress Scotland as they consider necessary to enable Redress Scotland to perform the functions conferred on it under or by virtue of the Act. Redress Scotland may, from time to time, ask Scottish Ministers to request further information from the relevant person in order to support a fair and thorough examination of the review.

35. The review panel may uphold, reverse or vary any part of the outcome of the reconsideration (whether the request for a review relates to that part of it or not).

36. Once the review panel has conducted the review, Redress Scotland must inform Scottish Ministers who must, as soon as reasonably practicable, notify the person who requested the review of the review panel's determination. Scottish Ministers must also provide the person with a summary, provided by Redress Scotland, of the review panel's reasons for reaching that determination.

37. The determination of the review panel under regulation 4 of the Payment Regulations is final. However, this does not prevent the determination of the review panel being the subject of a referral under regulation 2 of the Payment Regulations provided that the referral relates to a different error from the one which previously led to the review.

38. At any point prior to the determination of the review, a relevant person can inform Scottish Ministers, in writing, that they wish to withdraw their request for a review.

39. Scottish Minsters must inform Redress Scotland of the request to withdraw the request for review and all consideration of the request for review must cease.

40. Where a request for review is withdrawn it is not possible to reinstate the request at a later date. The exception to this is when the further request is made for a different reason.