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21 October 2022 | Podcasts |

HJ Talks About Abuse: Scottish Redress Scheme

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This week the abuse team discuss the Scottish Redress Scheme, a scheme that has just gone live for applicants to claim compensation if they were abused as a child in Scotland before the 1st of December 2004.

Abuse is deemed to include:

  • physical abuse
  • sexual abuse
  • emotional abuse
  • neglect

Survivors applying for the scheme will need to meet the criteria of:

  1. being under the age of 17 at the time the abuse occurred.
  2. living in Scotland.
  3. in a relevant care setting.
  4. the abuse occurring before 1 December.

The care setting includes, children’s home and approved schools, penal institutions such as borstals, and residential care facilities such as long-term hospitals, secure accommodation, boarded out and foster care.

The value of scheme is up to £100,000, with a fixed payment of £10,000 and an individual assessment for the remaining £90,000.

The individual must show that they were living in a care setting whilst being abused.

If you have been affected by the topics raised in this week’s podcast or would like more information, please get in touch with the Abuse team.

To obtain an award for the individual assessment a statement must be provided, with any supporting evidence/documents such as medical records, therapy records or a medical report

Individuals can also apply for a next of kin for partner or parent up to £10,000.

If you have criminal convictions in respect of sexual violence with a sentence longer than 5 years you are required to give information on this
After the application is submitted, the redress board panel will consider the application and make an offer of settlement, this can either be accepted at this point or you can request a review of the settlement offer.

On previous schemes we have found clients to have received less compensation as the emphasis is on a very detailed statement, that sometimes individuals find hard to draft themselves. We have had great success with our applications and appeals on behalf of clients with similar schemes

Solicitors’ costs are paid by the scheme, so the applicant receives 100% of their damages.

Time frames are not yet known but it is hoped the streamline process means applicants will not be waiting for long periods.

The scheme is good for some as there is no limitation hurdle and no conviction needed.

Author bio

Alan Collins

Partner

Alan Collins is one of the best known and most experienced solicitors in the field of child abuse litigation and has acted in many high profile cases, including the Jimmy Savile and Haut de la Garenne abuse scandals. Alan has represented interested parties before public inquiries including the Independent Jersey Care Inquiry, and IICSA (Independent Inquiry into Child Sexual Abuse).

Internationally, Alan works in Australia, South East Asia, Uganda, Kenya, and California representing clients in high profile sexual abuse cases. Alan also spoke at the Third Regional Workshop on Justice for Children in East Asia and the Pacific in Bangkok hosted by Unicef and HCCH (Hague Conference on Private International Law).

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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