Chapter 2: Review of redress payment determinations
Section 54: Right to a review
153.This section provides applicants with the right to request a review of certain decisions in relation to their application, where they have not already accepted the offer that has been made (subsection (1)).
154.Subsection (2) sets out that the decisions which may be reviewed are: that the applicant is not eligible for a redress payment, that the applicant is to be offered a particular level of individually assessed payment, or that a particular amount is to be deducted from the redress payment that has been offered.
155.In accordance with subsection (3), such a request must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received. Where the Scottish Ministers set requirements in relation to the form for a request for a review, the request must be in that form (any such requirements being publicised in accordance with subsection (6)). The request must also specify why a review is being sought, and must contain or be accompanied by any other information the applicant considers relevant. The Scottish Ministers must, as soon as reasonably practicable, pass the request and accompanying information to Redress Scotland.
156.Subsection (5) permits Redress Scotland to conduct a review despite it not being requested within the timescale specified in subsection (3), if it is satisfied that the applicant has a good reason for not requesting it sooner. In a case where an offer had been made and was allowed to expire, there is no requirement to apply first to revive the application under section 49(4); the applicant can simply go straight to requesting a late review.
Section 55: Review panels
157.This section provides that requests for a review will be determined by Redress Scotland, by a panel consisting of at least three members (none of whom made the determination which is under review). The panel is to be appointed by the chair of Redress Scotland.
Section 56: Procedure for a review
158.Where a panel is established under section 55 to conduct a review, it may invite oral representations to be made if it considers this necessary. Otherwise, the review will be determined on the basis of the evidence available to the original decision-makers and any additional evidence provided to or obtained by the review panel, including that contained in the request for the review or in any written representations it has received. In accordance with subsection (2), any additional procedural requirements will be determined by Redress Scotland.
Section 57: Outcome of a review
159.Subsection (1) sets out that a panel conducting a review under section 55 must consider whether the panel that made the original determination ought to have reached a different determination and, where additional evidence is provided to or obtained by the panel conducting the review, whether the application should now be determined differently as a result of that additional evidence.
160.Once a review is under consideration, the review panel is not restricted to the matters raised in the application for review and may change any part of the decision taken in respect of the redress application (subsection (3)). However, subsection (2) provides that the review panel may not reverse a decision that the applicant is eligible for a redress payment, nor may the panel decide that a lower amount should be offered to the applicant than was offered initially or that any deduction made in accordance with section 42 should be increased. In other words, the applicant cannot be placed in a worse position following a review.
161.Subsection (4) provides that the review panel has no power to rule on or determine any person’s civil or criminal liability, nor can its determinations be relied on in other proceedings as evidence that the acts complained of occurred or did not occur.
162.Subsection (5) requires the Scottish Ministers to notify the applicant of the review panel’s determination, and to provide the applicant with a summary of the panel’s reasons for reaching that determination. Where an offer is made, comparable information must be given in relation to it as would have been given under section 36. Paragraph 60 of these Notes applies equally to the form of notice of the outcome of a review under this section.
163.In accordance with subsection (6), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision.
Section 58: Period for which offer valid following a review
164.Following review, if an offer of a redress payment is made it will be valid for a period of six months (or for such longer period as the review panel specifies). The applicant can choose to accept the offer in accordance with section 50(1), and it will be considered to have been rejected if there is no such acceptance within the period during which it is valid.
165.Subsections (4) and (5) make provision as regards the revival of the application in exceptional circumstances where the time period for acceptance has elapsed.
Section 59: Withdrawal of review request
166.In accordance with this section, an applicant who has requested a review of a decision can withdraw that request in writing at any time before the review is determined. In relation to “writing”, see paragraph 60 of these Notes. While no further request for review can be made on the same basis as the original application for review, the applicant may submit another application for review in respect of a different aspect of the original decision (subsection (5)). For example, if a decision is made to offer a particular level of individually assessed redress payment, with a particular level of deduction for a relevant payment taken into account, that decision can be subject to review. If a review of the level of deduction is made and then withdrawn, it cannot be resubmitted. However, a subsequent request may be made in respect of the level of individually assessed redress payment offered.
167.If a request for review is withdrawn, the original decision remains in place, including the original offer of a redress payment (if one was made). The period that the offer is open, originally valid for the six month period (or such other period as the panel specified), will be extended by the number of days from the request of the review to its withdrawal (subsection (7)). In addition, it would be open to the original panel to extend the period further under section 49(3)(b) if there were a good reason to do so.
