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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IICSA, the Anglican and Roman Catholic churches and Redress

In this our second blog comparing the recent reports published by IICSA into the Anglican and Roman Catholic churches we look at redress and accountability.

IICSA has reviewed the varying approaches taken with respect to redress across the Anglican Church and Roman Catholic Church, looking at how victims are compensated financially in addition to emotional support and apologies given.

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IICSA summary of victims and survivors views on redress

On 14 October, IICSA published a summary of victims and survivors’ views on redress.

The Victims and Survivors Forum (the Forum) is open to all victims and survivors of child sexual abuse. It was set up to facilitate IICSA’s engagement with victims and survivors, making it easier to ask questions, offer suggestions, and for IICSA to gather the views of victims and survivors.

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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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Church of England approves pilot redress scheme

At a meeting of the Church of England’s  Archbishops’ Council on 23 September, the Council voted unanimously for safeguarding proposals to implement an interim pilot redress scheme for survivors of abuse, and also to strengthen independence in the Church’s safeguarding work.

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German Catholic bishops set up countrywide ‘redress scheme’

On Thursday 24 September, the Conference of German Catholic Bishops disclosed plans to pay survivors of sexual and physical abuse by Catholic priests in Germany, compensation of up to €50,000 (£45,350). Rather than refer to the payments as compensation, the German Catholic Church insists on referring to them as “payments in recognition of [the survivors’] suffering.”

The president of the Conference, Bishop Georg Bätzing said that the figure was arrived at after reviewing relevant court awards in German abuse claims and was at “the higher end” of comparable damages that have been made via the normal court claims process. 

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Lambeth Redress Scheme – Update as of April 2020

The Lambeth Children’s Homes Redress Scheme (LRS) was launched on 2 January 2018 and can accept applications up to 1 January 2022.

The LRS provides survivors of physical and/or sexual and/or psychological abuse (whilst resident in a Lambeth Children’s Home) with an alternative dispute mechanism for obtaining compensation without having to go through the Courts.

It covers all Children’s Homes which were run by Lambeth Council and applies to all residents dating back to the 1930s until the Homes were closed in the 1980 and 90s.

Since the LRS opened a total of 1,479 applications have been made.

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What is required of institutions by the Historical Institution Redress Board in Northern Ireland

Section 9(2) of the Historical Institutional Abuse (Northern Ireland) Act, 2019 (“the 2019 Act”) provides that the panel dealing with an application before it must, in so far as it is practicable to do so and in accordance with such provision as may be made in rules, request the body, society or

organisation which provided residential accommodation in an institution to which the application refers to provide whatever information would enable the panel to verify the accuracy of information provided in support of the application for compensation.

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Scottish claims and litigation

In recent blogs, we have considered the Scottish Government’s plan for a statutory redress scheme. One of the evolving issues is whether engagement with the statutory scheme should be to the exclusion of a claimant’s ability to issue civil court proceedings. Scottish Government is committed to establishing the legislative framework for a redress scheme before the end of March 2021.

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Update on Scottish Redress and immediate changes to the Advance Payment Scheme

Readers of this blog will be aware that the Scottish Government has committed to establishing a statutory redress scheme before the end of March 2021.

A pre-legislative public consultation on financial redress for historical child abuse in care opened on the 2 September 2019 and closed on the 25 November 2019.

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