A TILLICOULTRY solicitor has won a case against Clackmannanshire Council for refusing to increase his fee on a complicated court case involving the well-being of a young child.

Craig Dunbar, who was appointed by the court as a safeguarder for the child, accused the local authority of discrimination after it approved the request for more money made by another safeguarder, appointed by the children’s panel to represent another child in the case, but refused his own.

Council officers said it was due to his extensive experience as a lawyer that he should not get the extra cash.

In contrast they granted the request from the other less-qualified safeguarder and also appointed a solicitor to help her perform her duties.

When Mr Dunbar appealed the decision he was told by senior council officials that any change in payment was “entirely at the discretion of the local authority”.

He took the council to the Court of Session and the judge found in his favour – and also ordered the council to pay his legal expenses for bringing the action to court.

Mr Dunbar said, “It is staggering to me that the local authority has taken a view that I should be treated in any way differently from the other safeguarder appointed. It seems to me that we have reached a stage where, for whatever reason, I have been treated in a quite discriminatory fashion and it is not conducive to the smooth operation of matters with which I am involved, particularly where it concerns the welfare of children.

“The ball is now back in the council’s court. They have been given an opportunity to reconsider my application for an increase. I await the council’s decision.” A safeguarder is a person who is appointed to make sure that a young person’s interests are looked after and can be appointed by either a children’s hearing, pre-hearing panel or a sheriff.

Clackmannanshire Council pays a standard daily fee of £112.58 for a safeguarder to attend at a court hearing.

Due to the complexity of the case and the amount of preparatory work involved, Mr Dunbar discussed with his fellow safeguarder about requesting an increase to £80 per hour for both court attendances and preparation work.

Her request was granted but when Mr Dunbar requested the same increase the council refused.

Following the court’s ruling, a spokeswoman for Clackmannanshire Council said, “Having taken legal advice on the matter, the council decided not to oppose the action. As a result the judge remitted back to the council to consider afresh Mr Dunbar’s request that he be paid an increased fee for his appointment as a safeguarder of a particular child.

“As required by the judge’s decision, the council is once again considering the request by Mr Dunbar for payment of an increased fee.”