Redress re-visited in Jersey

On the 1 July 2019 a new year-long scheme to provide redress to people who, as children, suffered abuse or harm, between 1945 and 2005 has been launched in Jersey.

The new Jersey Redress Scheme is open for applications for 12 months from 1 July 2019 until 30 June 2020.

This Redress Scheme is for people who were either a resident in a Government of Jersey children’s home, in a Government of Jersey foster care placement or accommodated at Les Chênes secure residential unit between those dates.

The previous scheme, launched in 2012, provided redress to people who suffered abuse or harm in Jersey’s residential care system. That scheme was launched before publication of the Independent Jersey Care Inquiry report which found failings in Les Chênes secure residential unit and government foster case, as well as residential care.

Senator Sam Mézec the Minister for Children and Housing said: “This new redress scheme recognises that, over a period of many years, the government did not act as it should have to protect children from harm and abuse in foster care and in Les Chênes secure residential unit, as well as residential care. We are sorry that we failed those children and their families.”

The Scheme is made up of two parts:

Part 1 Les Chênes

This provides redress for people who were accommodated at Les Chênes secure residential unit, suffered due to the harsh regime and whose experiences at Les Chênes had a negative impact on their childhood. It should be noted that from 2003 Les Chênes secure residential unit was also known as Greenfields.

The total amount of time lived at Les Chênes will determine your payment. There are quite specific criteria for assessing when an applicant lived at Les Chênes

The new Scheme also provides the possibility of an additional payment if, while living at Les Chênes an applicant was subject to inappropriate and unlawful physical abuse which is described as manhandling by staff or treatment that constitutes physical abuse, but which did not result in significant injury or long term harm.

 

Total time living at Les Chênes Redress payment

 

Additional payment for inappropriate physical treatment
7 days or less £1,000 £ 500
Between 8 days and 50 days £2,500 £1,000
Between 51 and 100 days £4,000 £1,500
Between 101  days and 270 days £8,000 £2,500
Over 271 days £10,000 £4,000

Part 2 children’s homes

This provides redress for people who were sexually and/or physically abused while a full-time resident in a children’s home and foster care.

The redress payment will be determined after looking at the abuse suffered and the harm it caused.

The amount will reflect the nature, severity and frequency of the abuse suffered, and any physical and psychological injuries or long-term effects.

 

Description Redress payment
Physical abuse and/or sexual abuse: limited long term effects Up to £11,500
Aggravated physical abuse with significant long term psychiatric/ psychological effects and/or aggravated sexual abuse £11,500 to £23,000
Prolonged aggravated physical abuse with significant long term psychiatric/psychological effects and/or rape and/or sexual abuse involving penetration (with or without physical abuse) £17,500 to £41,000
Rape and/or sexual abuse involving penetration (with or without physical abuse) with significant long term psychiatric/psychological effects £29,000 –£70,000

Survivors making a Part 2 application may also be awarded up to £3,000 to pay for therapeutic or medical treatment for the psychiatric or psychological effects of the abuse they suffered.

Legal fees will be fixed at a maximum of £2,200. There is provision to pay additional legal costs but only in very limited circumstances.

If an applicant is unhappy with the award of redress made under the Scheme they are entitled to review the same by referring it for review undertaken by an independent legal advisor and it will cost about £1,000.

If following the review the independent legal advisor determines that the amount originally offered should decrease or increase by less than 20% of the original offer, the cost of the review will be deducted from the payment.

If the independent legal advisor determines the amount should increase by more than 20% of the original offer, the Redress Team will pay the cost of the review and will pay an additional fixed fee to the applicant’s lawyer for their work on the review, if a lawyer has been used.

This review costs penalty clause provided for in the new Scheme is the first such penalty that we have seen in recent modern redress schemes and is somewhat at of odds with the underlying principle of redress i.e. to remedy or set right an undesirable or unfair situation.

Unlike the previous Scheme those who make a successful application will receive an official apology.

The 2012 scheme had 132 applicants and it paid out £2.1 million.


news_21734 Written by Sharon Moohan at BLM

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