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Category: Personal Injury


Published: 04 October 2021

Redress Scotland Scheme - Assisting survivors of child abuse in care

Kevin Pike, Partner in our Personal Injury Claims team, shares insights into Redress Scotland Scheme. 

Assisting survivors of child abuse in care

The Redress for Survivors (Historic Child Abuse in Care) (Scotland) Bill will come into force by the end of 2021. This will allow for survivors of child abuse whilst in care in Scotland to apply for financial redress. The purpose of the scheme is to acknowledge and provide tangible recognition of harm as a result of historical child abuse in various settings in Scotland. The scheme not only provides financial redress to the survivors but also non-financial redress such as psychological support.

Eligibility

There will be a five year time limit from the date the Act is passed to apply for financial redress

  • The abuse must have occurred before 1st December 2004
  • You must have been under 18 years old at the time
  • You must have been resident at a relevant care setting, such as a children’s home or placed by the local authority
  • The application can be submitted by the next of kin of a survivor who has passed away prior to the Act coming into force.

Financial Redress

You can apply for two types of redress through the scheme:

  • Fixed Rate Payment of £10,000
  • Individually Assessed Payment of up to £100,000. This will involve a more in-depth account of the experience you had whilst in care, taking into consideration the nature, severity, duration and frequency of the abuse suffered

Wavier

You may be asked to sign a waiver to state that you will not consider a civil court claim against the relevant authority in the future. You will have a 6 month time limit from the offer being made to determine whether you accept the redress payment and agree to sign the waiver. This is a complex area of law and it is important that you obtain legal advice at an early stage of the application in order that we can help you to make an informed decision as to how you should proceed.

 

Contact our Historic Abuse Lawyers in Glasgow

 

Livingstone Brown can guide you through the application process and ensure you are provided the best advice relative to your situation. After an initial meeting discussing details of your claim, we can explain the options open to you before beginning the Redress Scheme application. Our team are dedicated to dealing with your case in a confidential and sensitive manner.

If you would like further information, please contact our specialist team who would be happy to assist on 0141 429 8166 or by completing our online contact form.

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