The Redress Scheme has now been launched and offers compensation to survivors of incare historical abuse.
The scheme will apply to survivors who were abused as children before 1 December 2004 in a relevant care setting (for example, a children's home, foster care, or an approved school).
The awards of compensation will vary from a fixed rate payment of £10,000 to an individually assessed payment of up to £100,000.
Our specialist team are ready to provide advice to survivors.
We will advise survivors on all of their legal rights and discuss their option with them to ensure that an informed decision can be made about the best route to securing financial justice.
Why is legal advice so important?
Redress Scotland will ask survivors to sign a ‘waiver’ before their compensation is released to them. To many, this could be costly. In signing this document, a survivor is signing away their right to pursue financial justice, or compensation, through our civil courts.
Redress will be right for some survivors, but not for all. This is because for many survivors, they will likely be awarded higher levels of compensation through a civil claim.
To apply to Redress for compensation, evidence of being in care and of the abuse suffered must be provided. To apply for the individually assessment payment, we consider that the evidence required in support of the application is very similar to that needed in a civil case. This may be difficult for a survivor to consider and obtain on their own. We are here to help and guide survivors through this process. We have learned through several years of experience now, how best to access historical records and obtain supporting evidence in historical cases.
Survivors will not pay for this legal assistance and will receive their full award of compensation.
What's the difference between the Redress Scheme and a civil claim?
The Redress Scheme has been introduced by the Scottish Government. The primary legislation allowing it to be introduced is Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. This is effectively a government fund. In the most part, compensation will be paid by the Scottish Government but some organisations will also contribute.
The Scottish Government says that the Redress Scheme seeks to "provide tangible recognition" of the harm caused to children in their care. The process of assessing applications and making decisions will be handled by an independent organisation, Redress Scotland. There will be no court hearing and compensation will be paid from a fund created by the Scottish Government. Organisations that were involved in the care of children who were abused, and parties who took part in the decision-making processes and arrangements which facilitated children being put into care will be asked to provide "fair and meaningful contributions" to the fund. If they do, they are considered a ‘contributor’ and in turn they receive the protection of the waiver.
A civil claim for historical child abuse is pursued through the Scottish court system and is brought against a specific defender or defenders. Compensation can be claimed for what a survivor has suffered in the past, continues to suffer and the associated wage loss and financial losses which follow as a direct result of the impact of the abuse. Civil cases will likely attract far higher levels of compensation than are available through the Redress Scheme.
The judge is able to award compensation on a number of factors relating to an individual claim; including for solatium (pain and suffering), loss of wages, loss of employability, future losses, and interest on past losses. In our case of A v Glasgow City Council [2021] CSOH 102, Lord Brailsford award the pursuer over £1.3m in compensation.
Every case is different and the outcome will be dependant on the facts and circumstances of that particular case. Not every survivor will be able to pursue a civil claim for various legal reasons and not every survivor would benefit financially from a civil claim. The case of A v Glasgow City Council offers an example of just why it is so important to obtain legal advice before accepting an award from Redress and ensure that all options have been considered. If the pursuer in that case had opted for an award from the Redress Scheme, his compensation would have been capped at £100,000.
We therefore consider it essential that every survivor seeks advice from specialist solicitors before deciding on what option is best for them. This area of law and how the compensation is calculated is complex. We want to make sure that survivors are equipped with all the information and advice they need before making the important decision as to what route to compensation is best for them.
Is there any other help available for survivors of abuse?
Thompsons Solicitors in Scotland works closely with Wellbeing Scotland to help survivors, and their families, gain access to support and resources throughout their claim and on into the future. The charity provides a dedicated service for survivors who suffered abuse in care settings.
How do I get legal advice on making a claim for historical child abuse?
Talk to Thompsons today about the Redress Scheme – we have a dedicated Life Impact Team, all of whom are specially trained and able to provide a trauma-informed approach so they can communicate effectively and sensitively with you, and support you fully.
There will be no charge for this service, this advice is free of charge. If you decide to instruct us to deal with a civil claim instead, there is also no charge at the outset and our fees are only payable if your case is successful.
To find out more about the individual solicitors who work in our Life Impact Team, please click through to our Meet the Team page.
Our advice is free, whether you decide to make a civil claim or apply to the Redress Scheme, and we will guide you through the differences of both routes as they apply to your personal circumstances so that you can make an informed decision.
Contact us today by filling in our online form – click on the button below. Alternatively, you can call us on 0800 0891 331 or text CLAIM to 78866.
