Recent news reports have indicated that some solicitors are asking for payment in exchange for helping their clients to complete applications to Scotland’s Redress Scheme. However, the legislation setting up the Scheme provided for lawyers to be paid directly by the Scottish Government. So who should pay?
Up until recently, there have generally only been two options available to survivors of childhood abuse who wish to pursue a claim for compensation: a civil claim through the courts, or an application to the Criminal Injuries Compensation Agency (CICA).
Since December 2021 a new option has become available: Scotland’s Redress Scheme
Scotland’s Redress Scheme has been set up to compensate survivors of childhood abuse who were abused whilst in a relevant care setting prior to 1 December 2004. It is a non-adversarial Scheme meaning that there is no risk of having to go to court, give evidence in front of a judge, or attend a medical appointment.
The Scheme is a very good option available to survivors who, for whatever reason, are unable to, or do not wish to pursue a civil claim through the courts, and is more often generous than CICA. It is important that anyone seeking to make an application to Redress receives legal advice about the options available to them, and what this will entail.
In order to apply for the Scheme you require to provide evidence that you were resident in a List D or approved school, residential care facility, boarded out or in foster care. A detailed statement explaining what happened to you will have to be provided, and you may also require to provide evidence that tends to show that you suffered abuse whilst in care. A solicitor can help you to locate these documents, and to prepare your evidence. They can also provide advice on any offer that is made under the Scheme and the effect of accepting this.
At Drummond Miller, any solicitor who is assisting a survivor of childhood abuse will undertake significant investigative work on their client’s behalf in order to provide full and detailed advice on all of the options available.
Many survivors worry about speaking to a solicitor because they are concerned about racking up large legal fees. Please be assured that we will always take the time to discuss funding options with you and will never ask for an upfront payment. Options for funding a civil claim include legal aid, or a Damages Based Agreement (no win, no fee).
If you decide that Redress is the right option for you, we would never take a percentage of your award. Instead, we are paid directly by the Scottish Government for all work undertaken in relation to a Redress application including any initial investigations we take to assess your suitability.
If you would like any advice or assistance with an application to Redress, please do not hesitate to contact our litigation department and one of the experienced solicitors will be able to assist you.
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- Call us on 0131 226 5151