Information Requested:
1. Are solicitors still in the position to receive their fee from Redress should the application be rejected due to a client’s offences?
2. How many individuals, who have applied and have serious offences, have received payments from Redress?
3. Could you provide your internal guidance and policies in regards to how the panel make decisions for the applications of those who have serious convictions?
4. Are you able to specify how multiple convictions are taken into consideration (ie only serious or all offences) in relation to the application?
Redress Scotland’s Response:
1. Are solicitors still in the position to receive their fee from Redress should the application be rejected due to a client’s offences?
We consider that that this information falls within the scope of the exemption in Section 25(1) of the Freedom of Information (Scotland) Act 2002 which provides that a Scottish public authority may refuse to make information available where it is otherwise accessible. The information requested is available within The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 and the Statutory Guidance on payment of legal fees and related decisions made by Redress Scotland.
2. How many individuals, who have applied and have serious offences, have received payments from Redress?
To date eleven individuals who have applied for redress payments and have been convicted of serious offences have been awarded redress payments. Redress Scotland do not make these payments.
3. Could you provide your internal guidance and policies in regards to how the panel make decisions for the applications of those who have serious convictions?
We have enclosed a copy of our Operation Guidance on previous convictions which details how panels make decisions on applications of those who have serious convictions.
4. Are you able to specify how multiple convictions are taken into consideration (ie only serious or all offences) in relation to the application?
We consider that that this information falls within the scope of the exemption in Section 25(1) of the Freedom of Information (Scotland) Act 2002 which provides that a Scottish public authority may refuse to make information available where it is otherwise accessible. The information requested is available within The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 and the Statutory Guidance on applications etc. with (unspent) convictions for serious offences and related decisions made by Redress Scotland.
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