Scotland's Redress Scheme: scheme contributor information

2. Background

4. The Scottish Government’s ambition for children and young people is that they grow up loved, safe and respected so that they realise their full potential. For many of Scotland’s most vulnerable children who experienced the care system in the past, the reality was utterly different. Many of these children were not treated with love or with respect and, rather than being kept safe, they were exposed to danger and abused by those responsible for their care, often leaving them with lifelong consequences.

5. Scotland’s Redress Scheme was established to acknowledge and provide tangible recognition of harm caused due to historical child abuse while in the care of the state by taking responsibility, accountability, and steps to put it right.

6. Scotland’s Redress Scheme is underpinned by three principles – dignity, compassion, and respect. The Scheme aims to empower survivors by incorporating their insights, adopting a trauma-informed approach, and offering an alternative to an adversarial legal process.

7. Nothing can ever make up for the suffering survivors endured in care. However, the scheme is making a genuine difference for many survivors, it serves as a crucial step in acknowledging the harm caused. This is achieved through issuing apologies, payments, and providing support to survivors.

8. We want to work collaboratively with organisations which were involved with relevant care settings or certain placements of children in relevant care settings at the time of historical child abuse and support them to meaningfully participate in this national endeavour to recognise the harms of the past. This would be done by contributing to the scheme financially, by acting consistently with its principles, and acknowledging the harms of the past. This is referred to as making a ‘fair and meaningful’ financial contribution, and this is explored in more depth later in the ‘fair and meaningful contribution’ section of this document.

9. The Scottish Government continues to actively seek financial contributions from organisations responsible for the care of children during instances of abuse, whether directly providing care or involved in the decision-making process leading to the children being placed in the place where the abuse took place. This may include, where appropriate, successor organisations where the original organisation no longer exists.

10. There are two different redress payments available to survivors under the Scheme:

• fixed rate payments of £10,000;
• individually assessed redress payments which can range from £20,000 to £100,000 depending on the nature, severity, frequency and duration of abuse experienced, and other relevant factors.

11. When a survivor submits an application for financial redress, they will be given the opportunity to nominate a beneficiary. Subject to satisfactory assessment of the applicant's eligibility, the nominated beneficiary should receive any payment in the event that the applicant dies before a redress payment is made. However, this will depend upon how far the application has been progressed at the time of the applicant's death.

12. Where a survivor If a survivor does not choose to have a nominated beneficiary, or their application is not at an advanced stage when they pass away, their next of kin may be able to make an application. Eligible next of kin include the survivor’s cohabitant, spouse, civil partner or children. Eligible next of kin would receive a £10,000 payment, to be shared if the survivor had multiple children but no cohabitant, spouse or civil partner.

13. The amount of redress paid to survivors will not be affected by whether any particular organisation has contributed to the Scheme, or whether those responsible for their abuse are alive today. If an applicant accepts an offer of a redress payment as determined by Redress Scotland, they will receive that payment, irrespective of whether or not the organisation(s) responsible for their care have contributed. Where an organisation does not contribute, or where that organisation no longer exists, the Scottish Government will meet any shortfall.

14. Any previous payments made to the survivor or the applicant in relation to the abuse covered by the application will be deducted from the value of any redress payment offered.

15. The Scheme is designed as a swifter and less adversarial alternative to the civil court process.. The choice of whether to seek redress through the Scheme, or to pursue action in court, sits with survivors and each individual will make that choice based on their own individual circumstances.

16. The Scheme does not establish blame or liability for the abuse suffered. Redress Scotland will consider applications for redress by looking at the applicant’s abusive experience in childhood as set out in the application, in its totality.

17. Scotland’s Redress Scheme is delivered jointly by the Scottish Government and Redress Scotland, a non-departmental body which assess and makes decisions on redress applications.

The Scottish Government supports applicants with their applications by

• answering questions about the Scheme and how to apply;
• supporting applicants to access practical help (for example finding records) and emotional support;
• informing applicants of their rights and options under the Scheme, including the payment of applicants’ legal fees related to redress applications;
• supporting applicants to complete their applications and passing these to Redress Scotland for decision;
• facilitating non-financial redress, such as official apologies to applicants;
• issuing verification requests to record holders and providers of care as required;
• paying redress payments;
• paying applicants’ legal fees or other eligible expenses related to redress applications;
• negotiating and processing contributions from organisations and provide information and updates to organisations as required;
• reviewing contribution payment schedules and any other relevant matters with organisations;
• preparing the annual Redress Report and respond to s.88 requests from scheme contributors; and
• managing the Contributor List.

Redress Scotland will:

• receive applications from the Scottish Government and make decisions about whether the applicant is eligible;
• determine the level of payment should be offered to the applicant;
• review any decisions referred for reconsideration; and
• review decisions where the applicant requests it using a different panel of members from that which made the original decision.