HJ Talks About Abuse: Scottish Redress Scheme

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.

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.