1 July 2019 | Comment | Article by Alan Collins

Jersey redress schemes

The Government of Jersey has opened a new redress scheme for people who, as children, were abused or suffered harm between 9 May 1945 and 31 December 2005;

  • while a resident in a Government of Jersey children’s home
  • while in a Government of Jersey foster care placement
  • while accommodated at Les Chênes secure residential unit.

You may be entitled to compensation.

The Schemes  are in two parts:

PART 1 Les Chênes

Redress for people who,  accommodated at Les Chênes secure residential unit, suffered due to the harsh regime and whose experiences at Les Chênes had a negative impact on their childhood. From 2003 Les Chênes secure residential unit was also known as Greenfields.

PART 2 Children’s homes

Redress for people who were sexually and/or physically abused while a full-time resident in a

Government of Jersey children’s home or while in a Government of Jersey foster care placement.

It is very important that you apply to the correct scheme. If in doubt obtain legal advice.

The application form that has to be submitted is a document that requires care when completing.

Detailed information concerning your time in care is required.

Redress payments

Part 1: Les Chênes

The total amount of time you lived at Les Chênes will determine your payment. This will be based on the number of nights or weekends spent at Les Chênes. It will not include time you spent there during the school day, or any time when you were on the Les Chênes register but were staying at home or elsewhere.

You may also receive an additional payment if, while you were living at Les Chênes, if you were subject to inappropriate and unlawful physical abuse. This could include manhandling by staff or treatment that constitutes physical abuse, but which did not result in significant injury or long term harm. You will be asked on your application form to provide details of the inappropriate physical treatment.

Total time living at Les Chênes Redress payment   Additional payment for inappropriate physical treatment
7 days or less £1,000 £500
Between 8 days and 50 days £2,500   £1,000
Between 51 and 100 days £4,000  £1,500
Between 101 days and 270 days £8,000 £2,500
Over 271 days £10,000  £4,000

                                                

Part 2: Children’s home and foster care

Your redress payment will be determined after looking at the abuse you suffered and the harm it caused you.

The amount will reflect the nature, severity and frequency of the abuse you suffered, and any physical and psychological injuries or long-term effects.

Description    Redress payment
Physical abuse and/or sexual abuse: limited long term effects.   Up to £11,500

Aggravated physical abuse with significant long term psychiatric/ psychological effects and/or aggravated sexual abuse

£11,500 to £23,000

Prolonged aggravated physical abuse with significant long term psychiatric/psychological effects and/or rape and/or sexual abuse involving penetration (with or without physical abuse)

£17,500 to £41,000
Rape and/or sexual abuse involving penetration (with or without physical abuse) with significant long term psychiatric/psychological effects  £29,000 –£70,000

If you are making a Part 2 application you may also be awarded up to £3,000 to pay for therapeutic or medical treatment for the psychiatric or psychological effects of the abuse you suffered.

We have summarised the main points of the two schemes. Please note there are exceptions to eligibility and therefore we again emphasise the need for expert legal advice.

Full details are set out in the Redress Scheme’s terms and conditions which you can get from the Redress team or online at www.gov.je/redress

You may be entitled to compensation. You should obtain expert legal advice.

For the last three years we have represented many of Jersey’s abuse survivors and have advocated for the creation of a redress scheme for those detained at les Chenses.

For advice and representation please contact:

Alan Collins solicitor-advocate

Hugh James Solicitors

99 Gresham Street

London

Alan.collins@hughjames.com

07527329970

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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