Publication - Form

Age of Criminal Responsibility (Scotland) Act 2019: child interview rights practitioners application guidance

Published: 4 Jun 2021

Expressions of interest are being invited for children’s solicitors to support children in investigative interviews by the police when instances involving serious harmful behaviours and circumstances have happened.

Contents
Age of Criminal Responsibility (Scotland) Act 2019: child interview rights practitioners application guidance
Fee structure

Fee structure

Fixed appointment fee (£400)

This is a flat fee in respect of an appointment as a ChIRP and covers:

  • reviewing available information (including the child’s interview plan)
  • communications with police officers and social workers and other relevant parties such as the child’s supporter prior to and following the investigative interview 
  • consultation with the child prior to and following the interview 
  • preparing for the investigative interview 

Consider interview plan and liaise with police/social work - £110 fixed fee

If upon receipt of the child’s interview plan, a ChIRP realises there is a conflict of interest and needs to withdraw, it is not appropriate to claim a fixed appointment fee. If a ChIRP subsequently becomes aware of a reason why they cannot continue they will be able to claim for the work carried out. 

Attendance at the investigative interview: £110.00-£220.00 (per daily attendance) 

As the ChIRP must remain on-site and at any time may be requested by the child, we would propose that this is the amount paid regardless of whether the ChIRP is with the child in the interview room or whether they are elsewhere in the building. If the ChIRP attends the interview but the child is not able to attend, we would propose to pay the fee of £110.00 to the ChIRP for making themselves available to attend. 

A daily fee of £110 can be claimed for attendance of less than 2 hours with a maximum amount of £220 for attendance that is over 2 hours.

Travel time

We have recognised travel time in the proposed fee structure which is in line with the rates payable under the safeguarder scheme: 

  • anything under 4 hours – fixed fee of £30
  • anything between 4 – 6 hours (round trip) – fixed fee of £65 
  • anything between 6 – 8 hours (round trip) – fixed fee of £130  
  • over 8 hours (round trip) – fixed fee of £150 per each day of travel 

 Travel should be calculated between the ChIRPs base/residence and the place visited. The shortest practicable route should be taken and the most effective form of transport must be considered.  

Reimbursement of expenses and allowances 

The general principle governing the claiming of expenses and allowances is that reimbursement is not appropriate unless additional expense is actually incurred in carrying out the role of a ChIRP and attending the investigative interview. When this occurs, all expenses and allowances including actual receipted costs and flat rate mileage payments are payable to ChIRPs. The rate reimbursed for expenses and allowances is as set out for safeguarders. 

Where there are items of expenses where it is not possible to obtain receipts (such as paying for parking by phone) then this should be claimed for with an explanation of why the receipt isn’t available. A cap of £10 has been set on unavailable receipts.

Expense or allowance type Rate
Bed and breakfast Up to £75.00. Receipt required
Car hire Receipt required
Car parking Receipt required
Staying with friend £25.00 per 24 hours
Meals allowance Maximum £23.50 per 24 hours and receipted
Motor mileage rate £0.45 per mile
Motor cycle allowance £0.24 per mile
Pedal cycle allowance £0.20 per mile
Passenger supplement £0.05 per mile per passenger
Overnight by train or boat £24.10 per 24 hours
Public transport air Receipt/ticket required
Public transport bus Receipt/ticket required
Public transport rail Receipt/ticket required. Standard class should be used
Public transport ferry Receipt/ticket required
Public transport taxi Receipt/ticket required
Public transport tube Receipt/ticket required
Toll charges Receipt/ticket required
Personal incidental expenses allowance Up to £5.00 per day. Receipt required
Necessary ancillary administrative expenses Receipt required
Miscellaneous Receipt required

Interpretation fees

Should the services of an interpreter be required, this will be sourced and authorised by the Scottish Government.

Application for fees and expenses

The ChIRP will provide Scottish Government with a valid invoice for payment of fees and expenses when the investigative interview concludes. Further guidance on this will be provided following registration.