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  4. Redress for historical child abuse survivors

Redress for historical child abuse survivors

12th March 2021 | family-child law , human rights

Legislation to create a scheme for survivors of historical child abuse in care in Scotland to apply for financial redress payments of up to £100,000 has been passed by the Scottish Parliament.

The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill will also set up an independent body, Redress Scotland, to assess applications for the scheme.

Survivors will be able to apply for a fixed rate redress payment of £10,000, or an individually assessed redress payment which will involve a more detailed examination of their experience. The individually assessed redress payment levels are set at £20,000, £40,000, £60,000, £80,000 or £100,000

In some circumstances, next of kin of deceased survivors will be able to apply for a redress payment of £10,000.

Financial contributions are being sought by the Scottish Government from those involved in the care of the children at the time they were abused and COSLA has already offered to contribute £100m to the scheme.

The scheme will be open for applications as soon as possible and before the end of 2021. The recruitment of key appointments, including advertising the post of chair of Redress Scotland, will begin later this month.

Deputy First Minister John Swinney said: “I am pleased that Parliament has passed a bill that will establish a survivor-focused route to redress. It has been a long and difficult journey for survivors of historical abuse in care, who have campaigned with dignity and dedication for this law. Scotland’s redress scheme is an important part of our response to survivors and to this dark chapter of our nation’s past.

“As a society, we are still coming to terms with the scale and horror of the abuse and the impact it had. Those responsible for the harms of the past have a responsibility to do the right thing today.

“This bill is for survivors. Their courage, determination and perserverance has made a difference and will ensure others never have to experience the horrors they went through.”

The Scottish Human Rights Commission today welcomed the legislation. Judith Robertson, chair of the Commission, said: “Child abuse is a human rights violation, and anyone who has been subjected to such abuse has a right to an effective remedy including prompt reparation for harm suffered. This legislation is a significant step forward in ensuring that all survivors of historical child abuse in care in Scotland are afforded that right.

“The Commission looks forward to continuing to work with survivors, the Scottish Government and other stakeholders to support the further design and implementation of the redress scheme.”

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