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Alternatively, you can email survivorsteam@thompsons-scotland.co.uk, call us on 0800 028 78 28 or text REDRESS to 78866.
Free Legal Advice for Redress Scheme Applicants
The Scottish Government's Redress Scheme will soon be in place to provide compensation to survivors who suffered historic child abuse while in care.
Applications will need to be made to the independent organisation Redress Scotland.
In order to receive a compensation payment under the Redress Scheme applicants will be required to sign a waiver which means they will be unable to make any further claim through the civil courts in respect of the abuse. Thompsons Solicitors in Scotland believe this is wrong and that the waiver is likely to prevent claimants from seeking the correct level of compensation for their individual situation.
It is therefore essential that survivors seek legal advice from specialist solicitors before making an application so they can understand whether the Redress scheme or a civil compensation claim will be the best and most appropriate course of action for their circumstances.
Fill in our enquiry form now to seek no-obligation advice on the Redress Scheme. For more information on how Thompsons can help survivors of abuse, click on the button below.
Who can apply to Redress?
To apply for compensation under the Redress Scheme, the survivor must have been in the care of the state. For example, in a children's home run by a local authority, the NHS, a charity, or religious order. Also, those in foster care, secure accommodation, penal institutions and state school accommodation may apply. As long as the state had an element of control in the placement of the child, a survivor can make a claim under the scheme.
The abuse (whether physical, emotional or sexual abuse, or general neglect) must have occurred before 1 December 2004 and while the survivor was aged under 18 years. Next of kin may apply if the survivor has passed away.
Is the Redress Scheme a good idea?
Certain survivors of abuse may find the Redress Scheme is the only available method for seeking justice and claiming compensation. If the abuse occurred before 26 September 1964, the law of prescription prevents these survivors from claiming legal justice for their personal injuries. This harsh fact is one of the reasons the Redress Scheme was devised.
While the Redress Scheme enables survivors of in-care abuse to apply for compensation, it will apply to a very limited number of people and successful applicants will be required to sign the waiver before they receive a payment. This is one of the most complex and contentious parts of the scheme, and the reason why the Scottish Parliament has stated that survivors should seek advice about all legal routes before opting to apply to the scheme.
How does the Redress Scheme work?
The Redress Scheme process will involve an application which will be considered by the Redress Scotland panel.
There will not be a court hearing and applicants won't be required to give evidence.
The panel will consider the nature, severity, frequency and duration of the abuse alongside any other relevant matters. Applications may apply to more than one care setting.
How much compensation is available?
There are two types of payment: a fixed-rate payment of £10,000 and further, individually assessed payments which have levels of additional awards.
Additional awards can be made in the sums of:
- Level 1 - £10,000
- Level 2 - £30,000
- Level 3 - £50,000
- Level 4 - £70,000
- Level 5 - £90,000
So, the maximum award possible will be £100,000.
Many civil cases settle at a level far beyond the top bracket of the Redress Scheme awards, so it is crucial that survivors speak to experienced solicitors who are able to assess their situation and advise accordingly.
Legal advice for applicants
So that survivors can make an informed decision, Thompsons Solicitors will provide free legal advice about making an application to Redress. This advice remains free of charge whether the survivor ends up making a claim through the civil justice system or an application to Redress.
It is vital that survivors take advice from specialist solicitors on their legal rights before applying to the Redress Scheme. Failure to do so could be costly.
We have a team of specially trained lawyers who are already representing survivors who were abused in various settings during childhood.
Any survivor considering applying to the Redress scheme, should contact Thompsons for initial and free advice:
08000 89 82 82
redress@thompsons-scotland.co.uk
Any survivor who is in need of therapeutic support, can contact Wellbeing Scotland at anytime:
01324 630 100
info@wellbeingscotland.org