Meeting of the Parliament (Hybrid) 16 June 2021
We recognise the difficulties that some applicants will face in finding evidence. They will be provided with assistance from officials in sourcing or accessing records. Indeed, some of the challenges that we have been wrestling with during the period of Covid have been about trying to assist individuals in accessing, as part of the process, documentation that is held by third-party organisations. The act creates the criminal offence of failing to comply with a request for information that would be relevant to such an application. There are strong aspects of legal enforcement.
In exceptional circumstances, redress Scotland has sufficient discretion to disregard evidence requirements if it is satisfied that the case merits an award. That approach is similar to some of the characteristics of evidence taking that have been adopted in the Scottish child abuse inquiry, which has been chaired by Lady Smith and which has taken a very considered approach to the gathering of evidence in that respect.