Further detail released on Scottish in-care redress scheme as it opens for applications

As previewed in our blog here, the Scottish in-care redress scheme is now open for applications. 

In a statement to the Scottish Parliament on 8 December 2021, the Scottish Deputy First Minister, John Swinney MSP, provided further detail on the scheme, including that:

  • On contributions, “more than £115m has been committed to the scheme, of which £100m is coming from Scottish local authorities”. The £100m local authority contribution will be collected by Scottish Government in “top-slices” from central to local government funding over a number of years “to spread the burden appropriately.”
  • Scottish Government is publishing on their website, link here, a list of contributors who have agreed to make a “fair and meaningful contribution”. Negotiations are ongoing with potential further contributors.
  • The financial forecast for the scheme remains as previously predicted by Scottish Government. This refers to an estimated total cost of £390m which assumes 8,000 successful survivor applicants on an average payment of £35.5k with 85% of the payments expected to exceed the £10k fixed rate payment, and 1,500 successful next-of-kin applicants at £10k each. Scottish Government is committed to meeting the entire cost regardless of the level of contributions.
  • The advance payment scheme is now closed to new applications. More than 700 payments at a fixed £10k have been made under this scheme with a rejection rate of around 25%. Scottish Government consider that the rejection rate is likely to be less under the statutory scheme partly because the advance scheme was restricted to those “over 68 or terminally ill” and partly because greater powers and support are available under the statutory scheme for recovery of supporting paperwork. 
  • “A new survivor forum will be established in early 2022 to ensure that applicants have a mechanism through which to continue to provide feedback and recommend improvements. Everyone who applies to the redress scheme can, if they wish, become a member of the survivor forum.”
  • “The scheme will be open for at least five years and Scottish Government will raise awareness of it among survivors and their families so that as many as possible who are eligible have the opportunity to apply.”

Full detail of what was said on this in the Scottish Parliament on 8 December 2021 can be found in columns 20 to 31 on pages 14 to 20 of the Official Report here.

Scottish Government has also now published the assessment framework to assist Redress Scotland in making determinations on redress payment levels for individually assessed applications (i.e. those for more than the £10k fixed rate), link here.

Readers may also be interested in 13 other documents relating to the scheme published by Scottish Government on 8 December 2021. We have produced links to some of these here:

  • waiver, the contributions element of the scheme “and other routes to redress which applicants may want to consider”, link here.
  • wider redress reporting requirements for those organisations which contribute to the scheme, link here.
  • eligibility criteria of the scheme, link here.
  • process, procedure and factors to be taken into consideration where an applicant has a relevant criminal conviction for a serious offence, link here.
  • evidential requirements for the scheme, link here.

Frank Hughes, Partner and Fiona McEwan, Associate
frank.hughes@blmlaw.com and fiona.mcewan@blmlaw.com

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