The Scottish Government’s Redress for Survivors of Abuse Compensation Scheme (“Redress”) has now been in operation for one year. The Scheme has been open to some criticism in the news recently, but remains a very good option available to survivors of childhood abuse who may not wish to make a civil claim for damages.
What is the Redress Scheme?
The Redress Scheme is a Scottish Government Scheme for certain survivors of childhood abuse. It is a non-adversarial Scheme meaning that there is no risk of having to go to court, give evidence in front of a judge, or attend a medical appointment.
The Redress Scheme has two applications. You can apply for either:
- A fixed rate payment of £10,000; or
- An individually assessed payment of upto £100,000
Who is Eligible?
The scheme is open to all survivors who were abused as whilst under the age of 17, in a relevant care setting in Scotland prior to 1 December 2004.
Survivors who were cared for in List D or approved schools, residential care facilities, boarded out or in foster care can apply, as can survivors who suffered abuse in young offenders’ institutions or borstals.
Some survivors of childhood abuse in boarding schools will also be eligible, but only if it can be proved that their fees were paid by the Local Authority, or another institution who were responsible for the care of children. Survivors whose parents paid their school fees are unfortunately not eligible under the Scheme.
You can apply for the Scheme even if you no longer live in Scotland; you may require extra help and assistance to locate supporting documentation.
What do I need to make an application?
The two different application types have slightly different requirements. For both applications you must provide a statement setting out what happened to you. You also have to provide at least one piece of evidence showing that you were resident in a relevant care setting.
In order to qualify for an individually assessed payment you require to submit additional evidence which would tend to support that you have suffered the abuse set out in the statement. This would tend to include social work records, medical records, or any evidence of criminal convictions in which you were the complainer. It could also include statements from people who were with you in care at the time, or to whom you have disclosed your abuse over the years.
How we can help
It is important that anyone seeking to make an application to Redress receives legal advice about the options available to them.
If an offer of payment is made, applicants require to sign a waiver which may prevent you from being able to raise or continue with any civil court action related to your abuse. You may be able to achieve a higher level of compensation through a civil court action than you would be entitled to under the Redress Scheme. It is therefore important that you speak with a qualified solicitor who can explain the options available to you and help you understand your legal rights.
If you would like any advice or assistance with an application to Redress, please do not hesitate to contact our litigation department and one of the experienced solicitors will be able to assist you.
Take the next step
- Call us on 0131 226 5151