Understanding Your Options: Redress and Civil Claims

The introduction of the Redress Scheme and changes to the law allowing survivors to raise civil claims many years after the abuse took place have significantly expanded the options available. Despite this, many survivors remain unaware of the full range of routes open to them.

For some, the Redress Scheme may be the first option they hear about. The scheme was established to provide financial compensation to survivors who experienced abuse whilst in care in Scotland. It was intended to offer a less adversarial alternative to court proceedings and has provided an important route to recognition and compensation for many survivors.

However, the Redress Scheme is not the only option available. Since the removal of limitation periods for most survivors of childhood abuse in Scotland, many people who previously believed they were unable to pursue legal action have been able to investigate civil claims. Civil litigation can offer a broader assessment of the impact abuse has had on a person's life. Depending on the circumstances of the case, a civil claim may include compensation not only for the abuse itself, but also for recognised physical or psychiatric injuries, treatment and therapy costs, past and future loss of earnings, loss of pension, and other financial consequences arising from the abuse. Every case is different, and no outcome can ever be guaranteed, but these are factors that can be considered in a civil action in a way that differs from the Redress Scheme.

What is often overlooked is the relationship between these two options.

A common misconception is that a survivor must choose between making a Redress application and pursuing a civil claim. In reality, the position can be more complex. Whilst accepting a Redress payment generally requires a survivor to sign a waiver preventing future claims against organisations that have contributed financially to the scheme, that waiver does not necessarily extend to organisations that have chosen not to participate.

This distinction is important because not every organisation connected to historical abuse in Scotland has contributed to the Redress Scheme. Research comparing organisations involved in Scottish Child Abuse Inquiry investigations with organisations participating in the Redress Scheme has identified a number of institutions that have not contributed. In some circumstances, survivors who have accepted a Redress payment may still be able to investigate a civil claim against a non-contributing organisation.

That does not mean that every survivor should or can pursue both routes. Every case is different, and the right course of action will depend on an individual's circumstances, objectives and the organisations involved. The timing of pursuing each avenue is also of importance. What it does mean, however, is that survivors should be given clear advice about all available options before making decisions that may affect their future rights.

Too often, people approach one avenue of redress without being aware of the others. Whether an individual ultimately chooses the Redress Scheme, a civil claim, or explores both options, that decision should be made with a full understanding of what is available to them. Survivors deserve to know not only that options exist, but also the differences between them and the potential advantages and limitations of each route before making what can be a life-changing decision.

Navigating the different options available can feel overwhelming, particularly when there is so much information to consider. If you are unsure whether you may have the option of pursuing a civil claim alongside a Redress application, we would encourage you to seek advice before making any decisions. Our specialist team regularly advises survivors on both Redress and civil litigation and can help you understand the options available to you. Every case is different, and a conversation with an experienced solicitor can help ensure you have all of the information you need before deciding how best to move forward.