Survivors of child abuse in care homes to get up to £80,000

Survivors of historical child abuse in Scotland’s care system will be able to claim up to £80,000 in “redress” payments under proposed laws.

Ministers say it will mean a “faster alternative” to civil court claims and will provide access to therapy for survivors.

But the move came under fire from lawyers representing victims who say it will mean they must “waive their rights” to a potentially higher settlement in court.

The families of survivors will also be allowed to claim for a payment of £10,000 in certain cases under the Redress for Survivors Bill. The Scottish Government is seeking “contributions” towards these payments from organisations involved in the care of victims at the time of the abuse. Deputy First Minister John Swinney said: “For decades, many children were failed by the institutions and people entrusted to look after them. Financial redress is an important part of doing what we can to address these failings.

“The bill seeks to put in place a scheme which treats survivors with dignity and respect and which faces up to the past with compassion.”

The bill applies to those who were abused as children in care homes before December 2004.

Survivors can apply for a fixed rate redress payment of £10,000 or an individually assessed redress payment which will involve a more detailed examination of their experience. The individually assessed redress payment levels are set at £20,000, £40,000 or £80,000.

A long-running

public inquiry into young Scots who were abused in care homes is now into its fifth phase. It has already published findings which set out widespread abuse in homes run by the Sisters of Nazareth and Daughters of Charity of St Vincent de Paul, Roman Catholic societies, over many decades.

But Kim Leslie, of Digby Brown Solicitors, said: “Forcing an abuse survivor to waive their rights is our worst fears confirmed.

“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.

“Our clients have never had to waive their rights in order to pursue compensation against those they hold responsible.”