Work of the Scottish Child Abuse Inquiry continues despite COVID-19

In a YouTube video released on 26 March 2020, Lady Smith, chair of the Scottish Child Abuse Inquiry (SCAI), emphasised that the ‘vital work of SCAI continues’ with all staff working remotely with access to ‘excellent IT and infrastructure’. SCAI’s phone lines are presently operating Monday to Friday 10am-4pm to ‘support applicants and witnesses’. Investigative and preparatory work for announced case studies continues. Work also continues in reviewing and analysing evidence heard during previous case study hearings. Further case study findings will be published ‘as soon as possible’. To date, SCAI has published three sets of findings but has not yet made any recommendations.

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Scottish Government publishes independent analysis of pre-legislative public consultation on financial redress for historical child abuse in care

To inform the design and delivery of the proposed statutory financial redress scheme in Scotland, the Scottish Government launched a pre-legislative public consultation last year which ran for 12 weeks, closing on 25 November 2019.

In total, 280 responses to the consultation were received. Of these, 82% were from individuals, while the remainder 18% were from organisations.

Of the individuals who responded, around 91% identified as a survivor of abuse in care and some individuals drew on their own experience of abuse in care to illustrate or explain their answers.

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The latest from the Scottish Child Abuse Inquiry

The Scottish Child Abuse Inquiry (SCAI) has added a further ten institutions to the list of establishments under investigation, taking the total number under investigation to 96.

Four young offenders institutions are among the ten now added along with three local authority establishments, a religious school, an independent school and an industrial school, which became an “Approved” and then a “List D” school.

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Update on the Scottish Child Abuse Inquiry

On 16 January 2020, the Scottish Child Abuse Inquiry (SCAI) published its costs from its inception in October 2015 to the end of 2019. Cost in that period was £30,049,590.

SCAI’s work continues. Phase 5 public hearings, on investigations into the abuse of children whose departure from Scotland to countries such as Canada, Australia and New Zealand was part of child migration programmes, are due to resume in February 2020. This phase started on 3 December 2019 with evidence being heard that month by video-link from witnesses who were unable to travel to the inquiry.

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Scottish limitation litigation on the ‘fair hearing’ defence

The Limitation (Childhood Abuse) Scotland Act 2017 retrospectively abolished the three year ‘time bar’ rule for personal injury claims arising from childhood abuse in Scotland but retained defences in the Act on ‘fair hearing’ and on ‘substantial prejudice’.

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Scottish Child Abuse Inquiry publishes further findings

Today, the Scottish Child Abuse Inquiry (SCAI) published its third case study findings.

The latest findings follow evidence heard between October 2018 and February 2019 on residential care establishments run by three voluntary providers (Quarriers, Aberlour Child Care Trust and Barnardo’s). This covers the period between 1921 and 1991. A link to the findings is here.         .

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Scottish Government launches outline of and public consultation on financial redress for child abuse

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.

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