Category: Personal Injury
The Scottish Government has recently issued further guidance in applications under the Redress Scheme for historical abuse. The guidance relates to waivers, contributions, and other routes to redress.
The Redress Scheme has been in force since December 2021 and the team at Livingstone Brown have been applying on behalf of many survivors of historic abuse. As the scheme is so new, we will hope to provide some further practical tips on the scheme over the coming months.
The Scottish Government has recently offered some further guidance to applicants in terms of the waiver. The waiver essentially means that any application for the Redress Scheme, if they have ongoing civil proceedings and, if they accept the redress payment, would have to abandon the civil proceedings, and waive their right to raise any new proceedings. This relates to any proceedings against the Scottish Government or any relevant scheme contributor. If the organisation or scheme contributor is not on the list, the waiver does not have any impact.
The timescales have also been clarified in terms of a review of the award made by the Redress Scheme. The offer is valid for a period of six months, and this can be extended if the applicant requires more time to consider. During that time, it is strongly encouraged to seek independent legal advice on whether to sign the waiver. An applicant can also request a review of the offer within a period of eight weeks from receiving the decision.
Importantly, applicants are entitled to complete their ongoing civil court action and then subsequently apply for redress. However, any payments made to an applicant through the civil court process will be deducted from any Redress Scheme payment. It should also be borne in mind that there is no requirement to apply for redress and the existence of the Redress Scheme does not interfere with raising any civil court proceedings or alternatively applying for criminal injuries compensation.
We have also been asked on whether we can take cases prior to 1964. The reason why this date is important is that, in terms of the 2017 Act which lifted the time-bar, this only applied to cases which occurred after 26 September 1964. The Redress Scheme, however, does not have any restriction and therefore we can make applications for survivors prior to 26 September 1964.
Please find a link to the Government guidance here. We anticipate that there will be further guidance issued by the Government as the Redress Scheme starts to make awards.
Livingstone Brown will guide you through the application process and ensure that you are provided with the best advice possible. After our initial meeting, we will give you legal advice in relation to the options open to you before beginning the Redress Scheme application. We have a specialist team of solicitors who will deal with your case on a confidential and sensitive manner.