Fear of abuse victims being ‘silenced’ by payouts plan

ABUSE victims could be stripped of their right to take their attackers to court under ‘cash for silence’ plans from the Scottish Government.

The Redress Payment Scheme (RPS) would mean victims would be eligible for compensation, including an advance payment.

But a clause in the 39-page consultation document says that those who accept cash would no longer be allowed to bring their complaint to a court.

The proposals – which also offer a getout to private boarding schools such as

‘It’s a slap in the face for every survivor’

those run by the Catholic order the Marist Brothers – have been criticised as a ‘slap in the face’ for victims.

According to evidence heard at the Scottish Child Abuse Inquiry early this year, members of the order inflicted physical and sexual abuse on boys throughout the 1950, 60s and 70s.

Specialist abuse lawyer Kim Leslie, partner at injury claims firm Digby Brown, yesterday called for victims’ rights to be safeguarded and for the RPS to be amended.

She said: ‘Any changes to the justice system should improve justice and empower choice. Nothing should be taken from a survivor unless it is replaced with something better.

‘That will not happen with the current redress plans.

‘My overwhelming concern is the RPS will force an opt-out of any civil damages claim when a far fairer process would be that it would be in addition to, or offset against any future damages. The only parties who would benefit from the Government’s current proposals are individuals and organisations who could dodge the shame and costs of legal actions.

‘That’s just offering cash in exchange for silence and it’s a slap in the face to every survivor, support group, charity and campaigner across Scotland – so this waiver clause needs amended immediately.’

The RPS consultation, published at the start of September, is the second phase of a financial redress plan begun in 2017.

It states that any future RPS would ‘take the same approach’ as similar schemes elsewhere and require the ‘signing of a waiver’ at the point of accepting a redress payment. Scottish Tory equalities spokesman Annie Wells said: ‘The concerns raised by these specialist lawyers would appear to be restricting the rights of the victims, which cannot be an acceptable solution.’

In 2017, a time bar initially put in place to prevent victims bringing cases beyond a three-year time limit was lifted – meaning any potential scheme has been opened up to a predicted 2,200 new historical actions.

As part of the current consultation, which closes on November 25, victims aged over 70 or suffering long-term illness may be eligible for a payment if they may not survive long enough to see the scheme introduced.

But the document adds: ‘Children who attended fee-paying boarding schools, and who were sent there by their parents for the primary purpose of education, were not the long-term responsibility of the institution in place of the parent, and therefore would not be eligible under this financial redress scheme.’

A Scottish Government spokesman said: ‘We’ve made no judgments or conclusions as to how the redress scheme should be established or operate and would encourage as many people as possible to respond to the consultation.

‘Their views will help inform this hugely important work.’

‘Overwhelming concern’