Abuse survivors turn back on Scot Gov Redress compensation scheme

While victim applications have plummeted and appeals over low offers have spiked – lawyers say they have seen an increase in historic abuse claims.

As of October, 19, there have been 1536 applications made for redress and just 189 of those have been passed to the scheme for determination with a conclusion reached in 136.

The most recent data shows application numbers have plummeted from 402 in January 2022 to just 83 in August – while appeals over low offers rocketed from 9 in February 2022 to 37 in August.

As of August 2022 there were also 1,167 applications that still did not even have a case handler allocated.

Lawyers say victims face confusing paperwork, long delays and being made to feel “like a bulletpoint on a to-do list”.

One victim, who was abused by foster parents in East Lothian, gave up on Redress after initially hoping to get recognition after battling with the trauma in secret for decades.

The woman, who gave evidence at the Scottish Child Abuse Inquiry under the name ‘Rosie’, said: “I was taken in by the assurances but I couldn’t believe the utter mess of the process after I applied."

“I was sent away to fill out huge forms and given no guidance and when I did speak to someone I was met with exasperation like I was a bulletpoint on their to do list.

“I was sexually abused as a teenager by a family that was meant to care for me.

“It took me years to come to terms with things and all I hoped for at this stage was some sense of recognition but Redress turned it into an ordeal of its own. The whole process is cold.”

The redress scheme covers physical, sexual and emotional abuse and neglect and is open to people who were under 18 before December 2004 and being cared for "in a relevant care setting" such as a children's home, including those run by religious orders like the Sisters of Nazareth, or in foster care.

Compensation is paid for by organisations responsible for abuse and by the taxpayer, with claims considered by Redress Scotland, set up as an independent body by the Scottish Government to recognise and acknowledge what happened, and the harm this abuse caused.

Victims have previously accused of being 'betrayed' by the Scottish Government amid claims the compensation scheme had descended into 'chaos'.

Digby Brown Solicitors, who are representing some claimants say that before receiving any money a survivor must sign a legal waiver to never take a scheme contributor to court in the future.

But the solicitors say that over the last 12 months Deputy First Minister John Swinney has faced complaints of application backlogs, a low rate of payments and a lack of scheme contributors paying into Redress.

Another man engaged with Redress after being sexually abused at Balgowan D-List School in Dundee in the 1960s.

The man, who chose to remain anonymous, said: “I applied after providing a 42-page statement to the Scottish Child Abuse Inquiry (SCAI) where it will be heard in summer of 2023.

“Redress asked for the same information but demanded I write a fresh copy. The time and upset of writing it out twice is disgusting and shows officials either don’t know or don’t care about the way the Redress process impacts people.

“Swinney assured us everything would be swift, professional and caring but it’s been nothing of the kind. All we see is problems, delays or silence and I got so fed up I sought legal advice instead.”

Redress Scotland’s tariff scheme is seen by victims as unfair because it only considers the type of abuse that happened.

But Digby Brown say civil courts consider the effects the abuse had on a person’s life which is why many survivors can recover sums up to £1m through historic abuse claims.

Kim Leslie, partner at Digby Brown Solicitors, said: “No tariff-based system is ever fair as capped payments stop survivors getting the recognition they deserve while the waiver strips them of their legal rights.

“Those who stand to benefit the most from Redress are perpetrators because the scheme lets liable organisations hide from public accountability all while saving cash as it’s cheaper to pay into the scheme than settle court actions.

“Despite the pledges, Redress Scotland is clearly still not fit for purpose and it needs a drastic overhaul if it’s to play any positive part in the kind of life-affirming support survivors deserve.”

A Scottish Government spokesman said: "Scotland’s Redress Scheme is designed to be swifter and less adversarial than civil court action, and the number of applications received to date is in line with projections.

“More than £8 million has already been paid out to survivors in less than one year of the scheme being in operation, with 8% of applicants having requested a review out of 189 payment offers.

“As each application is unique to an individual's experience it is not possible to determine an average timescale however priority is given to applicants with a terminal illness and those over 68 years of age.

“In response to feedback received from survivors, the operating model for Scotland's Redress Scheme has been improved to ensure that applications can be progressed prior to applicants having a case worker allocated. To support the efficient delivery of the scheme additional case workers have been recruited.

“Feedback from applicants on their experiences of the process is encouraged to ensure that the scheme is robust, credible and operates efficiently with survivors at its heart. Practical and emotional support is available to applicants at each stage of the process.

“The restriction order issued by the Chair of the Scottish Child Abuse Inquiry prevents applicants from using their inquiry statement as part of their application. The Inquiry operates independently of Government.”