Redress Scotland

There are two main types of Redress applications:

• Fixed Rate Payment Applications
• Individually Assessed Payment Applications.

Fixed Rate applications offer a lump sum of £10,000 whereas Individually Assessed Payment applications offer compensation between £20,000 and £100,000. Each type of application requires different levels of evidence.

Additionally, next of kin (spouses, civil partners, cohabitants, or children of deceased survivors) are also eligible to apply if the survivor hadn't already received a redress payment.

For non-priority applications (please see below for more information on priority and non-priority applications), we have found that the whole process is likely to take between 12 and 18 months. We can't give any guarantees on timescales but think it's helpful to give an indication.

Redress Scotland aim to have all priority applications to come before a panel within six weeks of receipt from your Scottish Government caseworker.

The redress scheme aims to give a quicker and less stressful way to get compensation and support compared to pursuing compensation from the organisation responsible. In practice, this isn't always the case. Pursuing compensation directly from the organisation doesn't necessarily mean that you'll have to give your evidence in court. Most cases can be settled through negotiation before the hearing on evidence.

Choosing Irwin Mitchell Scotland for your historic abuse claim means partnering with a team of experts dedicated to your case. Led by Kim Leslie, who is accredited by the Law Society of Scotland as a specialist in personal injury law, accredited as a Fellow of Association of Personal Injury Lawyers and Executive Director for Scotland of The Association of Child Abuse Lawyers our team brings extensive experience, tenacity, and compassion to these sensitive cases.

We recognise that every survivor’s journey is unique. That’s why we offer holistic advice, guiding you through alternative legal routes that may better suit your individual needs and priorities.

Our compassionate approach ensures you receive the support and acknowledgment you deserve throughout the entire process. We are committed to making a positive difference in the lives of those affected by historic abuse, helping you seek justice and move forward with confidence.

Your application must be submitted to the Scottish Government, where it'll be assigned to a caseworker. Your caseworker will ensure that your application is complete before performing verification checks on your supporting documents. Your application will then be passed to Redress Scotland.

Once your application has been received by Redress Scotland, it'll be placed in a queue to be assigned a panel date. Your application will then be assessed by a panel of two or three panel members depending on application type.

After your application has been considered, you'll get a determination pack. This includes an offer letter detailing the reasoning behind the panel's decision, and the waiver. Once Redress Scotland have received your signed waiver, you should receive funds within 10 working days.

Redress Scotland will consider all abuse that occurred while in you were in care. This includes emotional, physical, and sexual abuse as well as neglect.

It's important to note that the scheme only considers acts and omissions in care placements before 1 December 2004.

The Scheme can't consider the impact of the abuse on the applicant, which can be disappointing given the well-established correlation between childhood abuse and several long-lasting issues.

The evidence you need is dependent on the type of application that you intend on making. Fixed payment application requirements include:

• Evidence of your time in care
• A statement about the abuse.

Individually assessed payment application requirements include:

• A statement of the abuse
• Evidence of your time in care
• Evidence of the abuse.

It's worth noting that Redress Scotland need you to provide certified identification documents, the relevant application forms, and often a bank statement for an account in your own name.

If you're not satisfied with the determination made by Redress Scotland or believe an error has been made in the determination, you can request a review. You can request a review only once for each determination. Once a review has been completed, the decision is final. To appeal this final decision, you could lodge a judicial review but would need funding to do so.

Irwin Mitchell Scotland partner with First Tier, a charity that provides trauma-informed support for survivors of sexual abuse, childhood abuse and complex trauma.

If you're successful in your Redress application, you will most likely be offered financial compensation. If you accept this payment, you'll need to sign a waiver. You won't be able to receive any financial compensation unless you sign the waiver.

Signing the waiver is a big decision as it means you can't ever pursue a scheme contributor for the abuse you experienced. Scheme contributors are organisations that have financially contributed to the Redress Scheme and benefit from the waiver's protection.

Organisations that haven't financially contributed to the Redress Scheme don't get the protection of the waiver, so you can still bring a civil action against them after signing the waiver.

Remember, the choice to sign the waiver is yours, and it’s important to feel informed and supported throughout the process. Our expert team can give comprehensive advice on alternatives to Redress if you wish to investigate these more thoroughly, but it's important to note that isn't a service funded by the Scottish Government.

There are two types of priority applications:

• Priority 1 applications are for those with terminal illnesses
• Priority 2 applications are for those aged over 68.

Redress Scotland will not prioritise applications outside of these two categories.