Scottish Abuse Redress Scheme Launches

December 10th, 2021

The Scottish Redress Scheme for those who suffered abuse in care has been launched. This is a landmark scheme to provide survivors of historical child abuse in Scottish care with financial redress.

Those eligible can apply to request an apology and redress payments ranging from £10,000 up to £100,000.

The Scheme is for people who were abused as children before 1 December 2004 if they lived in some care settings in Scotland.

The Scottish scheme covers:

  • physical abuse
  • sexual abuse
  • emotional abuse
  • neglect

 

Where a survivor died on or after 1 December 2004, their spouse, partner or cohabitant, or if no one eligible is in that category, their children, may be able to apply for a next of kin redress payment of £10,000.

The scheme is about responding to the abuse of children in residential care. The Act covers two broad categories of settings. The first, where children were “in care” because their families were unable to look after them at home and, the second, where children were subject to some form of intervention by a body exercising public functions and were therefore living away from their family.

 

Abuse survivors are encouraged to come forward as suffering is finally acknowledged

Deputy Scottish First Minister John Swinney said:

“Across Parliament, we have come together to confront the scale and horror of the abuse Scotland’s most vulnerable children suffered. We cannot make up for that pain, and we cannot take away the devastating impact it has had on people’s lives. But we can provide acknowledgement and tangible recognition of the harm caused, by offering redress to survivors through this scheme.

“I invite all survivors who are eligible for the scheme to apply, if it is the right choice for them. There is funding for independent legal advice to help survivors make that choice and support is available at every stage of the application process.

 

Verisona Law will fully support Survivors to claim

Verisona Law’s abuse team has worked tirelessly for abuse survivors, focusing intently on supporting survivors through the Lambeth Children’s Home Redress Scheme over the last few years. Verisona Law’s expert team has supported more than 136 survivors through the Lambeth scheme application process for redress and have helped their clients recover over £7.5m.

We have travelled nationwide to ensure survivors feel comfortable and supported when progressing their claims. We understand the need for support so that survivors can give the best evidence possible on their experiences which ensures all avenues and impact of the abuse are properly compensated under scheme work. We will maximise compensation with detailed knowledge of case background issues, and we are also fully experienced in sourcing appropriate experts where necessary to evidence the impact of cruelty, neglect and serious abuse. We are also fully experienced at bringing appeals to panel for scheme work. Such reviews are a factor which has been incorporated in the Scottish scheme with opportunity to apply for review of a decision within 6 months of an offer.

We are fully experienced in collating the type of documentary evidence the Scottish Scheme requires to evidence the abuse suffered and psychological impact and will support you fully in this.

 

The Scheme is front loaded and the decision will primarily be made based on your statement and any documentary evidence submitted, such as medical records. It is therefore important to seek legal advice at an early stage to ensure the right case evidence is collated and submitted, rather than seeking legal advice at the point of offer only.

 

Verisona Law represented the second largest group of core participants giving evidence to the Independent Inquiry into Child Sex Abuse, supporting survivors to ensure recognition of their experiences.

We have supported survivor groups relating to the Lambeth Scheme and have contributed our knowledge on scheme work to the Scottish Scheme legal information requests, thereby ensuring the Scottish Scheme properly compensates neglect and emotional abuse – elements which were not necessarily fully recognised by earlier schemes. We are particularly pleased to note those efforts have been acknowledged in the neglect and emotional abuse definitions adopted by the Scottish Scheme.

It is your choice and right to appoint a solicitor to support you through the application process. Indeed the Scottish Scheme strongly advises talking through any payment offer with a solicitor. The scheme covers fixed fees for payment of legal fees, and Verisona Law will work within those fixed fee rates to ensure survivors benefit from the full compensation they are entitled to.

International applicants will benefit from the advice and support Verisona Law is able to provide.

 

Relevant factors the Scheme will consider on valuation also include:

  • length of time in care
  • age at the time of the abuse
  • relationship to the abuser or abusers
  • the number of abusers
  • the number of relevant care settings abused in
  • the combination or accumulation of different types of abuse
  • if you had any personal circumstances or protected characteristics (for example, race, religion or disability) that may be related to the abuse
  • if you were treated differently from other children in the care setting at the same time
  • the response to any disclosure of abuse you made at the time, including a lack of action and punishment for the disclosure
  • anything about the care setting itself, for example if it was isolating, impersonal, or had a harsh day to day routine
  • if you were separated from siblings or family without contact

 

Verisona Law are ready to help and support all your needs when making applications to the Scottish Scheme to ensure your experiences are fully recognised. Please contact Lisa Gafarov/David Hawkins today on 02392 98 1000 or email historic-abuse@verisonalaw.com.