Redress Scotland: Why Early Legal Advice Matters More Than Ever

We are seeing a growing number of survivors of childhood abuse approach us only after they have started an application to the Scottish Redress Scheme or after they have received an offer of compensation. 

While the Redress Scheme has provided an important route to recognition and financial compensation for many survivors, it is increasingly clear that too many people are making decisions without fully understanding the legal consequences. In particular, many survivors remain unaware of the significance of the waiver they are required to sign if they choose to accept a Redress payment. 

This is not a criticism of the Scheme itself. Redress Scotland has an important role in acknowledging historical abuse and providing compensation without requiring survivors to pursue litigation. However, the decision to accept a Redress award can have lasting consequences and should only be taken after obtaining independent legal advice.

Understanding the Waiver 

One of the most important features of the Redress Scheme is the requirement for applicants who accept an award to sign a waiver. 

In simple terms, the waiver prevents the survivor from pursuing future civil claims against the Scottish Government and organisations that are Scheme Contributors in relation to qualifying abuse. Once signed, those rights cannot generally be recovered. It is therefore one of the most significant legal decisions a survivor may make. 

Many survivors understandably focus on the offer that has been made and the opportunity to bring a chapter of their lives to a close. However, before accepting an award, it is essential that they understand what legal rights they may be giving up and whether alternative or additional routes to compensation may be available. 

Redress and Civil Claims Are Not the Same 

A common misconception is that a Redress payment is simply an alternative way of recovering the same compensation that could be achieved through a civil claim. 

That is not the case. 

The Redress Scheme was never intended to mirror the damages available through the civil courts. The highest level of Redress award is £100,000, whereas civil claims can, in some circumstances, result in substantially higher compensation. 

In a civil action, survivors may be able to recover losses that are not reflected within the Redress Scheme. Depending on the circumstances, this can include loss of earnings, pension loss, care and support requirements and other financial consequences flowing from the abuse. 

For some survivors, the difference between the compensation available through Redress and the compensation potentially available through a successful civil claim can be considerable. Every case is different, but it is important that survivors understand the distinction before making an irreversible decision. 

The Importance of Looking at the Whole Picture 

Historical abuse cases are rarely straightforward. Many survivors experienced abuse in more than one setting or at the hands of individuals connected to different organisations. Some organisations participate in the Redress Scheme as Scheme Contributors, while others do not.

This distinction can be crucial. 

In certain circumstances, a survivor may be able to obtain a Redress payment and still pursue a separate civil claim against a non-Scheme Contributor. The legal and financial implications of doing so can be significant. However, whether that option exists will depend on the individual facts of the case and requires careful legal analysis. 

That is why obtaining advice before accepting an offer is so important. Once a waiver has been signed, opportunities that may previously have been available could be lost forever. 

A Need for Greater Awareness 

One concern we are increasingly encountering is that survivors often seek advice late in the process. 

By the time they contact a solicitor, they may already have invested significant emotional energy in the application and have begun to view acceptance of the offer as the natural next step. Many are surprised to learn that there may have been other options available or that the timing of decisions can influence the overall compensation ultimately recovered. 

There has been relatively little public discussion of these strategic considerations. As a result, some survivors may not appreciate the importance of obtaining specialist advice before submitting an application, before responding to an offer, or before signing a waiver. 

The objective should never be to discourage applications to the Scheme. Rather, it should be to ensure that survivors are equipped with all the information necessary to make a fully informed choice. 

Empowering Survivors Through Informed Decisions 

Every survivor's circumstances are unique. For some, the Redress Scheme will represent the most appropriate route to compensation and recognition. For others, a civil claim may offer advantages. In some cases, both options may need to be considered together as part of a wider strategy. 

There is no single answer that applies to everyone. 

What is essential is that survivors understand the options available to them before making decisions that cannot later be reversed. Independent legal advice allows survivors to assess the strength of any potential civil claim, identify whether relevant organisations are Scheme Contributors, consider the availability of evidence and insurance, and understand the consequences of signing a waiver. 

The Scottish Redress Scheme is an important part of the landscape for survivors of historical abuse. However, awareness of the Scheme should be matched by awareness of its legal consequences. 

Our message is simple: before accepting a Redress offer or signing a waiver, take specialist legal advice. The decision may affect rights and opportunities for the rest of your life, and survivors deserve the opportunity to make that decision with a full understanding of all available options.

Read more about Irwin Mitchell's expertise in navigating the Redress Scotland scheme.