If You're Wondering Who Pays the Church of England Redress Scheme Legal Fees, You’ve Come to the Right Place
You might be concerned about how much compensation you get to keep, if you apply for church-related abuse compensation. The good news is that Church of England Redress Scheme legal fees are not taken from your payout. The scheme can pay up to £5,000 plus VAT towards your legal fees.
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Church Of England Redress Scheme Legal Fees Explained in More Detail
If you are thinking about applying to the Church of England Redress Scheme, one of the first questions you may have is whether you will need to pay a solicitor.
For many survivors, cost is a genuine concern. You may already be dealing with difficult memories and uncertainty about the process itself. The last thing you want is another financial worry. The good news is that the scheme has been designed so that legal costs do not come out of your compensation award.
If your application is successful, the scheme can pay up to £5,000 plus VAT towards the cost of independent legal advice. That payment is separate from any redress award you receive. In other words, if you are awarded compensation through the scheme, the money set aside for legal advice is intended to be paid in addition to your award, not deducted from it.
Why The Scheme Pays for Legal Advice
The Church of England has recognised that many survivors will want independent legal advice before deciding whether to apply and throughout the application process. Therefore, the scheme has been built to allow survivors to access legal support without having to fund it themselves.
Importantly, you do not have to use a solicitor to apply. The scheme allows people to submit applications themselves if they wish. However, many survivors prefer to have professional support, particularly when dealing with evidence, eligibility questions, compensation calculations and the impact of accepting a redress award.
The funding for Church of England Redress Scheme legal fees is intended to remove some of the barriers that might otherwise prevent people from seeking help.
What The Church Says About Church of England Redress Scheme Legal Fees
The Church's own explanatory material states that legal costs are: "paid by the Redress Scheme and not deducted from your redress payment"
That is an important reassurance. It means that the scheme's intention is clear. Survivors should not have to sacrifice part of their compensation in order to obtain legal advice.
For anyone worried about losing a portion of their award to legal fees, that should provide considerable comfort.
What The Draft Rules Say About Church of England Redress Scheme Legal Fees
The legal position is set out across two separate documents.
- The first is the Abuse Redress Measure 2025, which received Royal Assent in December 2025.
- The second is the Abuse Redress Rules 2025 (GS 2410), which are currently still in draft form and contain much of the practical detail about how the scheme will operate.
When it comes to Church of England legal fees, the Measure allows the Rules to take one of two approaches.
Section 27(3) states that the Rules may provide for payment to a survivor's solicitor: (a) regardless of the outcome of the application or appeal, or (b) only if the application or appeal has reached a specified stage.
The Small but Important Problem
While reviewing the draft Rules, we noticed something that appears inconsistent. The explanatory note at the back of the Rules says that payment to a survivor's legal representative is made: "regardless of the outcome of the application"
That wording suggests legal costs would be funded whether the application succeeds or not.
However, Rule 28 itself appears to say something different. It states that:
"Where a determination is made under section 9 of the Measure that an award of redress is to be made on an application under section 3 and a lawyer has been acting on the application, the Archbishops' Council must make a payment of £5,000 plus Value Added Tax to the lawyer..."
The key phrase is: "an award of redress is to be made"
Taken at face value, that wording appears to link payment of legal costs to a successful application. That is not the same position described in the explanatory note.
What Does This Mean for Survivors?
For successful applicants, there is currently very little uncertainty. If you receive a redress award, the scheme provides funding towards your legal costs and that funding is separate from your compensation.
The question arises only where an application is unsuccessful. The explanatory note suggests legal costs may still be paid. Rule 28 appears to suggest payment only follows a successful award.
At the moment, both statements cannot be correct in exactly the same way.
Which Document Matters Most?
When lawyers look at legislation, the actual Rule always takes priority over the explanatory note.
An explanatory note is there to help readers understand the legislation. It is not part of the legislation itself and does not carry legal force.
Register your interest in the Church of England Redress Scheme
If there is a conflict between the note and the Rule, the wording of the Rule is generally what governs the position. That’s why we believe that this issue deserves clarification before the scheme opens.
This is not because the scheme is flawed. Far from it. It is because survivors deserve complete clarity about legal costs before making decisions about their applications.
Why Clarification Matters Now
The Church of England Redress Scheme is not yet open. Although the Measure is now law, the Rules still need to complete the remaining stages of approval before the scheme can begin operating.
The Church has indicated that the scheme is expected to open during the latter part of 2026. That means there is still time for any drafting inconsistencies to be clarified.
Ideally, the Rule and the explanatory note should both say the same thing so that survivors, solicitors and advisers can all proceed with confidence.
What Should You Take Away from This?
None of this should put you off. The scheme exists to acknowledge harm and to offer redress without requiring you to go through a court process, and independent legal advice is funded as part of it. If you want to understand the size of a potential award before you speak to anyone, you can use our Church of England redress calculator to estimate your position. It is built from the statutory tables, free to use, and asks for no contact details.
Try the free Church of England Redress Calculator today
When you are ready to talk, your first conversation with Winston Solicitors is always free, and we will be clear with you about how your legal costs are covered before you commit to anything. You can also read more about how legal costs work under the scheme and about the redress scheme as a whole.
One further point on cost. Accepting an award under the scheme means giving up the right to bring a separate civil claim for the same abuse (Section 14 of the Measure). Winston Solicitors act on the scheme, not on civil claims. If you want to understand the civil route as an alternative, you should speak to an independent specialist civil claims solicitor with experience of clergy or institutional abuse before you decide.
Frequently Asked Questions About the Church of England Redress Scheme Legal Fees
Do I have to pay for a solicitor to apply to the Church of England Redress Scheme?
No. The scheme provides funding for independent legal advice, paid by the Archbishops’ Council and not taken from your redress. You do not need a solicitor to apply, but you can instruct one if you would like support, and at Winston Solicitors your first conversation is always free.
Will my legal costs be taken out of my compensation?
The scheme is designed so they are not. Where the scheme pays your solicitor, up to £5,000 plus VAT, that payment is separate from your award, so your award stays whole. Winston Solicitors will explain exactly how your costs are covered before you instruct us.
What is the difference between the rule and the explanatory note?
Rule 28 is the operative rule that has legal effect. The explanatory note is a plain-language summary at the back of the document and is not part of the rules. On legal costs the two currently describe the position differently, which is the inconsistency this page explains.
Are the Church of England Redress Scheme rules final?
Not yet. The Measure received Royal Assent in December 2025, but the Rules are still in draft and must be laid before Parliament for approval. The Church has said the scheme will open in the latter part of 2026.
Does the contradiction mean the scheme will not pay legal costs?
No. For a successful application the scheme funds the legal advice. The unresolved question is the position where an application is unsuccessful, which the current drafting describes in two different ways. We expect this to be clarified before the scheme opens and will update this page when it is.
Can Winston Solicitors help me even though the scheme is not open yet?
Yes. We are a specialist Church of England redress practice and we are preparing now, reading the rules in detail so we are ready the moment the scheme opens. You can speak to us, register your interest, and estimate your position using the calculator at any time.
I was abused a long time ago. Does the cost position change for historic cases?
No. There is no time limit between when the abuse happened and applying for redress, and the legal-costs position is the same whenever the abuse occurred. The only time limits relate to when you apply once the scheme is open.
Support available to you
Reading about abuse and redress can be difficult. The following organisations are independent of Winston Solicitors and of any claim, and are there whenever you need them.
- Samaritans, 116 123, any time, day or night
- NAPAC (National Association for People Abused in Childhood), 0808 801 0331
- Safe Spaces, 0300 303 1056, free and independent support for anyone abused by someone in the Church
Complete our registration form today to be notified when applications officially open
