Child abuse survivor payments bill brought to Holyrood

Survivors of historical child abuse in care in Scotland will be able to choose between fixed rate compensation of £10,000 or individual assessments at one of three higher rates, under a new Scottish Government bill introduced to the Scottish Parliament.

The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill follows the Government's commitment to provide tangible recognition of the harm caused to those who were abused as children (under 18) in relevant residential care settings before 1 December 2004.

A new independent body, Redress Scotland, will assess applications for financial redress. Survivors can apply for a fixed rate redress payment of £10,000 or an individually assessed payment of £20,000, £40,000 or £80,000, based on a more detailed examination of their experience. 

The bill, which contains 101 sections and two schedules, aims to establish a financial redress scheme that will be non-adversarial and sensitive to the needs of survivors. It will offer a faster alternative to the civil court process, and access to elements of non-financial redress including therapeutic support. The design of the scheme has been influenced by engagement and consultation with survivors.

Next of kin of deceased survivors will be able to apply for a redress payment of £10,000, where the survivor died on or after 17 November 2016, the date on which the Deputy First Minister made a statement to Parliament committing to consult on the provision of financial redress to survivors.

Payment may be denied on the ground of public interest where an applicant has committed a serious criminal offence.

Applications will have to be made within five years of the scheme coming into  force. Ministers will be required to pay applicants' legal fees where Redress Scotland considers these have been reasonably incurred.

Under the advance payment scheme introduced in April 2019, survivors of childhood abuse who are terminally ill or aged 68 or over, can currently apply for a £10,000 payment ahead of the legislation. The bill will enable a further application to be made with the £10,000 being taken into account.

Payments from an award of damages in court, or under the Criminal Injuries Compensation Scheme or other statutory scheme, or made ex gratia, will also be taken into account in determining awards. Review panels will be set up for applicants dissatisfied with a decision.

Financial contributions are being sought by the Scottish Government from those involved in the care of children at the time they were abused.

Deputy First Minister John Swinney commented: "The Redress for Survivors Bill will acknowledge and provide tangible recognition of harm as a result of historical child abuse in various residential care settings in Scotland. It will provide elements of accountability, justice and financial redress for those who wish to access it. The bill seeks to put in place a scheme which treats survivors with dignity and respect and which faces up to the past with compassion." 

Click here to access the bill and related papers.