On 17 February 2021, the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill passed stage 2 of the three stage Scottish legislative process. This stage was carried out by the Education and Skills Committee of the Scottish Parliament. Over two meetings, the committee considered 139 proposed amendments to the bill. The bill as amended at stage 2 is here. No date has yet been set for stage 3 consideration of possible further amendments by the Scottish Parliament, sitting as a whole in chamber, or for the final debate and vote at stage 3 on whether to pass the bill. There does, however, appear to be considerable cross-party political will for this to happen on or before Thursday 25 March 2021 when the parliament will enter recess ahead of the 6 May 2021 Scottish Parliamentary election.Continue reading
On 17 February 2021, the Scottish Child Abuse Inquiry (SCAI) published its fourth set of case study findings.
The latest findings follow evidence heard at Phase 4 of SCAI’s public hearings between 4 June and 16 July, both 2019 on a residential care home, St Ninian’s in Fife, run by The Christian Brothers, a male, Catholic, religious order. The findings cover the period between 1953 and 1983. A link to the findings is here.Continue reading
The Scottish legislation which retrospectively abolished limitation in personal injury claims arising from childhood abuse expressly retained defences where a fair trial would be “impossible” and where the retrospective effect of the abolition of limitation gives rise to “substantial prejudice” to the defender sufficient to outweigh the interests of the pursuer in the case proceeding.
In a previous blog (link here), we commented on the sheriff’s decision in LM v The Executor of DG. This was the first reported judgment on the fair hearing defence. After hearing legal argument, but no evidence, the sheriff refused to dismiss the case on the basis of the fair hearing defence but neither upheld nor rejected the defence, deciding instead that evidence would need to be heard first. So, the sheriff fixed a proof (evidential trial) on all issues.Continue reading
On 6 January 2021, Lady Smith, chair of the Scottish Child Abuse Inquiry (SCAI), reluctantly postponed hearings to examine the abuse of children in boarding schools because of new COVID-19 restrictions. These “phase 6” hearings, concerning seven boarding schools, had been scheduled to start in the second half of January 2021. This phase of evidence will be rescheduled “as soon as possible.”
To date, SCAI has published three sets of case study findings on evidence heard between November 2017 and February 2019 in phases 2 and 3 but has not yet made any recommendations.Continue reading
On 17 December 2020 – following a two hour debate in the chamber of the Scottish Parliament – the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill passed stage 1 by unanimous collective consent when the parliament agreed to the general principles of the bill. The bill is now within stage 2 of the 3 stage legislative process. Amendment to the detail of the bill is highly likely during stage 2. In this blog, we highlight certain areas where amendments are likely to be proposed and assess the likelihood of those amendments passing. In considering the content of this blog, it is important to remember that, in the current fifth session of the Scottish Parliament – which will continue until dissolution ahead of a 6 May 2021 election – the governing administration is in a minority but can often command support from other parties.Continue reading
On 9 December 2020, the Education and Skills Committee at the Scottish Parliament published a 127 page report on the Scottish in-care redress bill after hearing evidence over a number of sessions (link here). The Scottish Parliament, sitting in chamber, will debate and vote on the general principles of this bill on 17 December 2020.Continue reading
On 4 November 2020, the Education and Skills Committee of the Scottish Parliament took evidence on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill from CrossReach (a Church of Scotland charity), Quarriers (a social care charity), the Office of the Scottish Charity Regulator (OSCR) and the Convention of Scottish Local Authorities (COSLA, representing Scotland’s 32 local councils). The committee then heard from the Scottish Government Minister in charge of the Bill, John Swinney MSP, Cabinet Secretary for Education and Skills and Deputy First Minister.
Money was a recurring theme throughout the three hour session, both in terms of contributions sought by Scottish Government to the scheme and the proposed banding of redress payments.Continue reading
On 30 September and 7 October 2020, the Education and Skills Committee at the Scottish Parliament heard evidence on a wide range of aspects of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. This blog focuses on certain evidence heard on one of the most contentious aspects, the requirement that a survivor must waive, to a defined extent, his or her right to seek civil compensation in court in exchange for a redress payment.Continue reading
Followers of this blog will be aware that the Scottish Parliament’s Education and Skills Committee has issued a call for views on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill. This legislation seeks to right certain wrongs of the past by means of financial redress for survivors of childhood (under 18) abuse in relevant in-care settings. The call for views closes on 2 October 2020.Continue reading
On 15 September 2020, the Scottish Child Abuse Inquiry (SCAI) plans to resume hearing evidence relating to the child migration case study. Evidence on Scottish Government knowledge of and response to abuse is planned for mid-November 2020. A case study examining the abuse of children in boarding schools is expected to start in early 2021.Continue reading