Brendan McAllister was appointed Interim Advocate for the victims of abuse in residential care and has had a difficult time in his few months in post. He has dealt with the new Secretary of State, the stresses caused by the absence of an Assembly, the conflicts within the political arena as a result of Brexit, the falling of the legislation intended to implement the necessary arrangements when Parliament was prorogued and now he faces a different issue.
While the Queen’s speech delivered on Monday 14 October indicated a number of headline grabbing initiatives around the Brexit process and progress, education, security and so on there was a small section of interest to the Victims and Survivors of Institutional abuse.
A recent Court of Protection judgment considers the test for capacity to consent to sexual relations and the need for an understanding of full consent from sexual partners.
JB is a 36 year old man with autism and impaired cognition. He lives in a supported residential placement. He does not have legal capacity and was represented by the Official Solicitor during the proceedings.
In our last blog we looked at the general overarching principles of the proposed statutory financial redress scheme (“the Scheme”) in Scotland.
In today’s blog we intend to look at the proposed redress payments, what evidence will be required and how the redress payable will be assessed.
It is the Scottish Government’s intention that the Scheme will provide for a combination payment approach which could have two possible stages much like the Lambeth Redress Scheme.
As noted in our blog of 2 September, the Scottish Government launched a pre-legislative public consultation on financial redress for historical child abuse in care.
This is one of two blogs which looks in more detail at the consultation. This blog looks at the underlying general principles of the proposed statutory financial redress scheme and our next blog will look at the proposed payments, the evidence required to support them and how they will be assessed.
An updated report on the Lambeth Redress Scheme (LRS) was presented by Lambeth Council at a Cabinet Meeting on the 16 of September.
The report provides an update on the working of the (LRS) up to the end of June, 2019 which is half way through the period of time that the LRS was to be open to receive applications the Scheme was originally due to close on the 1 January, 2020.
Three chapters from the report drafted by Sir Richard Henriques into the Metropolitan Police Service’s (MPS) handling of the investigation into allegations of abuse made by ‘Nick’ (real name Carl Beech) against Lord Brittan, Lord Bramall, Harvey Proctor and others, were re-published on 4 October 2019. Click here to read the report. The three chapters alone run to 391 pages and were previously released three years ago, but were heavily redacted at the time.