For many people, speaking about abuse experienced in childhood is incredibly difficult. Deciding whether to come forward, in any way, can take time.

Scotland’s Redress Scheme was introduced to acknowledge the harm caused to children who were abused while in care. For some, it offers a form of recognition. For others, it may feel like one step in a much longer process.

The scheme was created under the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 and is open to people who were abused in care in Scotland before December 2004.

If you are thinking about applying, it can help to understand what the process involves, what decisions may arise, and what support is available to you along the way.

What the scheme is

The Redress Scheme provides both financial and non-financial redress.

Financial payments are one part of this, but the scheme also offers formal acknowledgement of what happened, and access to support services.

There are two types of payment:

• a fixed rate payment of £10,000
• an individually assessed payment, which can range from £20,000 to £100,000 depending on the circumstances

Each type of application requires different levels of information and evidence.

For some people, this acknowledgement matters. For others, no financial payment can reflect what they went through. Both responses are completely valid.

Who can apply

You may be able to apply if you were abused as a child while in a care setting in Scotland before 1 December 2004.

This can include different types of abuse, including physical, sexual, emotional abuse and neglect.

Care settings can vary, and we know that people’s experiences are not always clearly recorded or easy to evidence. If you are unsure, it can help to talk things through.

In some cases, applications can also be made by next of kin where a survivor has died.

Applying to the scheme: what to expect

The application process involves sharing your experiences and, where possible, supporting this with evidence.

What you may need

The type of evidence depends on the application you make. This may include:

·        a personal statement about the abuse

·        evidence of your time in care

·        further evidence of the abuse for individually assessed claims

·        identification documents and application forms

Not everyone will have access to records or formal evidence, and that is recognised within the scheme.

What happens after you apply

Once your application is submitted:

• it is reviewed by a Scottish Government caseworker
• checks are carried out to make sure everything is complete
• it is then passed to Redress Scotland for assessment
• your case is considered by a panel
• you receive a decision and, if appropriate, an offer of redress

You will be given a determination pack, which explains the decision and includes any offer made.

How long does it take?

Timescales can vary.

• Many applications take around 12 to 18 months from start to finish
• Some decisions may be made sooner, with panel decisions often taking place within around 9 months once an application is received
• Priority applications (for example, where someone is terminally ill or over 68) may be considered much more quickly, sometimes within weeks

The process can feel slow at times, and it is important to approach it at a pace that feels manageable for you.

Can decisions be challenged?

If you are not satisfied with the outcome, you can ask for a review of the decision.

There is usually one opportunity to request a review. After that, the decision is final, although in some cases further legal options (such as judicial review) may be available.

A note on statutory waivers

If you are offered an individually assessed payment and choose to accept it, you will usually be asked to sign a statutory waiver.

This means:

• you will not be able to bring certain civil claims in Scotland in the future
• this applies to organisations that are part of the scheme

It is also important to understand that:

• organisations that have not contributed to the scheme may still be pursued separately
• the decision to sign a waiver is entirely yours

This is a significant decision and should only be made once you fully understand what it means for you.

How we can help

We are an English-based law firm, nationally recognised for our work supporting survivors of abuse.

We do not carry out civil proceedings in Scotland. However, we can support you through the Redress Scheme itself.

Our role is to guide you through the process in a way that feels clear and manageable. This might include:

• talking through whether the scheme feels like the right step for you
• helping you understand what information may be needed
• supporting you in preparing and submitting your application
• explaining any offer you receive
• helping you understand the implications of a statutory waiver

We know that no two people’s experiences are the same. We take the time to listen and work at a pace that feels right for you.

Other support available

You do not have to go through this process alone, and legal support is only one part of what is available.

The Redress Support Service offers practical and emotional support to people applying to the scheme. This support is free and available whether or not you choose to involve a solicitor.

You may also already be receiving support from organisations such as Future Pathways, and it is possible to access both at the same time.

Taking the next step

There is no right or wrong way to approach the Redress Scheme. For some, applying feels like the right step. For others, it may not.

If you would like to talk things through, we are here to listen.

We will always be clear about what we can and cannot do and we will support you in a way that feels right for you.

How can Switalskis help?

Survivors of abuse deserve justice. That includes accountability, but also access to compensation for the harm they have suffered.

At Switalskis, our specialist abuse lawyers has decades of experience securing justice for survivors. We understand the emotional and legal complexities of these cases and work tirelessly to ensure our clients receive the compensation they deserve.

Our abuse claims team has successfully pursued similar cases, and we want to hear from more families affected by the Hesley Group homes. If you have been impacted and would like to discuss your experience in confidence, our abuse team can help. Call 0800 138 0458 or email help@switalskis.com .