Abuse victims to get payouts of up to £80k
But they’ll have to waive right to sue
‘Some comfort in remaining years’
VICTIMS of historical child abuse will be able to apply for payouts of up to £80,000 under a proposed new law.
The legislation aims to provide ‘tangible recognition’ of harm caused to those who were abused in residential care settings before December 1, 2004.
The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill will set up a new body, Redress Scotland, to assess applications.
Survivors can apply for a fixedrate payment of £10,000 or an individually assessed sum which will involve a more detailed examination, with payments set at £20,000, £40,000 or £80,000.
They will have to waive their right to take further legal action on receipt of the cash.
Survivors last night said the religious orders and charities responsible for the abuse must contribute to the fund.
Helen Holland of In Care Abuse Survivors Scotland said: ‘It would be appalling if the taxpayer paid the entire bill – it’s crucial that the organisations involved play their part.’
The Scottish Government is seeking financial contributions from those involved in the care of children who were abused and said those that paid up would be acknowledged.
However, Kim Leslie, specialist abuse lawyer at Digby Brown Solicitors, said it was wrong that survivors had to waive their rights, calling it ‘our worst fears confirmed’. She said: ‘Rather than helping survivors secure justice this is an absolute gift to the organisations and insurance companies who otherwise will be forced to pay larger settlements.’
Outlining the scheme, Deputy First Minister John Swinney said: ‘For decades, many children were failed by the institutions and people entrusted to look after them.’
He said survivors of historical abuse in care had campaigned for justice with ‘dedication and perseverance’ and the Bill was a ‘tribute’ to that.
In some cases, the next of kin of deceased survivors will be eligible to apply for the fixedrate payment. More than 400 victims of abuse in care aged over 68 or with a terminal illness have received payouts in the past year from the Scottish Government through an advance payment scheme.
David Whelan, spokesman of Former Boys and Girls Abused of Quarriers Homes (FBGA), said the scheme would go some way to help victims rebuild their lives and ‘find some comfort in their remaining years’.
The scheme is part of a package of measures, including the ongoing Scottish Child Abuse Inquiry and the National Confidential Forum, to address historical childhood abuse in care.
Ronald Culley, chief executive of Quarriers, which was investigated by the abuse inquiry, said: ‘We have a constructive working relationship with the Scottish Government and are in discussion about the conditions that would support Quarriers’ participation in the proposed redress scheme.’
Martin Crewe of Barnardo’s Scotland, which has apologised to children abused in its care, said: ‘Barnardo’s has been engaging positively with the Government about the redress scheme. We have indicated we would be willing to make a fair and meaningful contribution.’
The Scottish Government said ministers felt ‘a strong moral responsibility to do the right thing’, adding: ‘When the redress scheme becomes operational a list of those organisations that have made fair and meaningful financial contributions will be made public.’