Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021: statutory guidance – eligibility – updated April 2025

Meaning of "abuse"

General

6. "Abuse" is defined in section 19(1) of the Act as including sexual abuse, physical abuse, emotional abuse and abuse that takes the form of neglect. We set out here further guidance on the meaning of each of these terms^[1].

Physical abuse

7. Physical abuse is the causing of physical harm to a child or young person. Physical abuse may involve hitting, shaking, throwing, poisoning (which may include the use of alcohol), inappropriate use of medication (e.g., with intent to control or punish), burning or scalding, drowning or suffocating. Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately causes, ill health to a child they are looking after. Other examples may include:

• unlawful corporal punishment (see guidance below in relation to section 19(2) of the Act);
• forced labour beyond a child's physical capacity and/or in extreme conditions;
• inappropriate use of restraint

Emotional abuse

8. Emotional abuse is persistent emotional ill treatment that has - or is likely to have - severe and persistent adverse effects on a child's emotional development. "Persistent" means there is a continuous or intermittent pattern which has caused, or is likely to cause, significant harm. Emotional abuse is present to some extent in all types of ill treatment of a child, but it can also occur independently of other forms of abuse. It may involve:

• conveying to a child that they are worthless or unloved, inadequate or valued only in so far as they meet the needs of another person;
• exploitation or corruption of a child, or the imposition of demands inappropriate for their age or stage of development;
• repeated silencing, ridiculing or intimidation (this might include ridicule relating to sexual orientation);
• verbal abuse;
• living in constant fear and alarm;
• being told inaccurate information about family members;
• acts of degradation;
• humiliation – including around basic needs, such as bathing, bedwetting and food;
• severing contact with family;
• being forced to engage in abuse of others/watch others being abused;
• isolation;
• being moved without any explanation;
• religion – either being forced to adopt another religion or being denied access to your own religion;
• racial abuse – by peers and adults;
• abuse specific to the travelling community, i.e. denial of culture;
• criminal exploitation – where a child is coerced, controlled, or manipulated into any criminal activity.

Sexual abuse

9. Sexual abuse is an act that involves a child in any activity for the sexual gratification of another person, whether or not it is claimed that the child either consented or assented. Sexual abuse involves forcing or enticing a child to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts. They may include non-contact activities, such as involving children in looking at or in the production of indecent images, in watching sexual activities, using sexual language towards a child, or encouraging children to behave in sexually inappropriate ways.

10. Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child into sexual activity in exchange for something the victim needs or wants, and/or for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual, and exploitation may include a child being coerced, manipulated or deceived into sexual activity with other people/groups of people. Child sexual exploitation does not always involve physical contact. Children who are trafficked across borders or within the UK may be at particular risk of sexual abuse.

Neglect

11. Neglect consists in a persistent failure to meet a child's basic physical and/or psychological needs, which is likely to result in the serious impairment of the child's health or development. "Persistent" means there is a pattern which may be continuous or intermittent which has caused, or is likely to cause significant harm. However, single instances of neglectful behaviour can cause significant harm, particularly by a person in a position of responsibility.

12. It may involve a carer failing to:

• provide adequate food, shelter and clothing;
• protect a child from physical or emotional harm or danger;
• ensure adequate supervision;
• ensure a child receives an education;
• ensure access to appropriate medical care or treatment (this might include failing to provide dental care, or immunisation);
• respond to a child's essential emotional needs;
• respond appropriately (by omission or commission) taking account of the age, stage and basic developmental needs of a child in relation to food, education, bedwetting and physical or emotional safety;
• Failure to provide a safe and nurturing environment.

13. Neglect may also result in faltering growth. Malnutrition, lack of nurturing and lack of stimulation can lead to serious long-term effects such as greater susceptibility to serious childhood illnesses and reduction in potential stature. For very young children the impact could quickly become life-threatening. Chronic physical and emotional neglect may also have a significant impact on teenagers.

Peer Abuse

14. "Peer-on-peer abuse" may be used to refer to any form of physical, sexual, emotional and financial abuse, and coercive control, by peers who are the same or similar age.

15. Children can experience a range of unacceptable behaviour from peers and the impact can extend from upsetting and worrying through to distressing behaviour which may result in significant harm. Where the behaviour amounts to "abuse" within the meaning of the Act (see definitions above) it will be eligible under the scheme where it occurred whilst a person was resident as a child in a relevant care setting before 1 December 2004.

16. A distinction can, however, be drawn between "abusive" acts and the sorts of incidents and behaviours that can commonly occur between children and young people of a similar age or developmental stage, for example, a one-off fight that did not result in significant injury or harm. The latter example would not ordinarily constitute "abuse". If however there were other features present (such as a large difference in age or developmental stage between those concerned, or the encouragement of or collusion in such behaviour by the institution in question or its employees - perhaps by supporting the children that carried out the acts in question or, for example, to underline the culture of enforcement in the setting), it is possible that such behaviour could, alongside those features, constitute abuse within the meaning of the Act. Moreover, where the behaviour formed part of a sustained course of conduct it would also be likely to amount to "abuse".

Corporal punishment

17. Section 19(2) of the Act provides that "physical abuse" includes corporal punishment to the extent that, at the time it was administered, it was not permitted under or by virtue of any enactment or rule of law because it was:

• excessive, arbitrary or cruel, and not within acceptable norms and regulations;
• administered for an improper purpose; or
• not so permitted for another reason.

18. As noted in relevant findings of the Scottish Child Abuse Inquiry, at times "the corporal punishment inflicted was above and beyond what would even have been acceptable in a school setting, approved school setting or family setting"^[2] . Such cases would in light of section 19(2) of the Act constitute "abuse" for the purposes of the scheme.

19. However, where corporal punishment was administered in a way that was permitted under or by virtue of any regulations, enactment or rule of law in force at the time it will not be considered "abuse" for the purposes of the scheme.