Redress Scheme: information for organisations
Information for organisations considering participating in the Redress Scheme for survivors of historical abuse in care in Scotland.
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In order to be publicly listed as a scheme contributor, and therefore be included in the waiver provisions, organisations must both contribute a fair and meaningful financial contribution and provide the acknowledgement required by section 14 of the Act. Read further information on the waiver.
The purpose of the redress scheme is not to determine liability for abuse in a way that a court would, or in a way that would have legal consequences outside the redress scheme itself. Therefore, section 14 makes it clear that the fact of being a scheme contributor or giving the acknowledgement required by section 14 cannot, for the purposes of other proceedings, be taken as evidence of anything relevant to the determination of liability in connection with an allegation of abuse.
The acknowledgement of wrongfulness must be by each contributor, and must be done publicly. It is up to each scheme contributor to determine how to frame its acknowledgement. This could be a short statement within a letter to Ministers confirming participation in the scheme that is subsequently made public, but organisations are free to take further steps should they wish to do so and propose alternative ways to make their acknowledgment. An organisation will not be listed on the contributor list until the acknowledgement has been made.
The fundamental principles of dignity, respect and compassion that underline the scheme as a whole must be reflected in the acknowledgement.
Scottish Ministers have the discretion as to whether to accept the contribution that an organisation is offering to make, and will only do so if this is fair and meaningful. The Act is clear that the financial contribution must be aligned with the acknowledgement, and with acting in a manner which respects the principles of dignity, respect and compassion regarding survivors of abuse.
In order for the acknowledgement to be survivor focussed, respectful of the principles of the scheme, and trauma informed we would look to work with organisations regarding the timing of release and if requested to do so, the form of acknowledgement. The Scottish Government will not prescribe the form of words, it is a matter for the organisation in question to consider the legacy they seek to address and how best to express their acknowledgement of the harms of the past.
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