Further detail on the waiver for Scottish in-care redress payments

Further detail on the waiver for Scottish in-care redress payments has emerged with the publication of draft regulations on the form and content of the waiver here and an accompanying policy note here. The draft regulations refer to a 1 December 2021 implementation date, in keeping with an earlier Scottish Government commitment that the redress scheme will be open for applications by the end of this year.

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Scottish Child Abuse Inquiry publishes fifth set of case study findings

On 11 August 2021, the Scottish Child Abuse Inquiry (SCAI) published its fifth set of case study findings, link here. These findings arise from evidence heard from 43 witnesses at public hearings between 18 July and 1 October, both 2019, on the provision of residential care in boarding schools run by the Benedictine monks of Fort Augustus Abbey between 1948 and 1991 at Carlekemp Priory School, North Berwick, and Fort Augustus Abbey School, Inverness-shire. Fort Augustus Abbey was a member of the English Benedictine Congregation (EBC) for much of its existence.

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Scottish in-care abuse redress bill passes stage 2 after amendment

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.

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Scottish Child Abuse Inquiry publishes fourth set of case study findings

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.

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Scottish Sheriff Appeal Court clarifies certain aspects of the “fair hearing” defence

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.

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Scottish Child Abuse Inquiry: an update

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.

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Scottish in-care abuse redress bill passes stage 1

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.

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Scottish parliamentary committee publishes Stage 1 report on Scottish in-care redress bill

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.

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Further Scottish Parliamentary evidence session on in-care redress bill

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.

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