Lawyers seeks clarification on Scottish government redress scheme for abuse victims

John Swinney

Mr Swinney confirmed the Scottish government accepts the main recommendations put forward by the InterAction Action Plan Review Group and that, subject to parliamentary approval, legislation for a financial redress scheme will be passed by the end of this parliamentary term.

He also confirmed that advance payments will be made as soon as possible to victims who may not live long enough to apply to a statutory scheme, due to either ill-health or age.

However, Thompsons Solicitors has sought clarification on whether victims pursuing civil actions can also apply to the scheme and a definition of “in-care abuse”.

Laura Connor, a partner at Thompsons Solicitors, said: “This is a hugely positive move by the Scottish government and it’s to Holyrood’s huge credit that all political parties in Scotland support the scheme. But more than anything this is a huge victory for survivors.

“Today they learned that the government not only believes in them but is willing to back up their kind words with real action. It was also particularly pleasing to see that survivors abused before 1964 will be able to apply for financial compensation which currently they are unable to do.“

She added: “So while my team wholehearted support today’s announcement there are several aspects of the scheme that the government need to clarify as quickly as possible.

“Firstly it must be made clear that those survivors pursuing financial justice through the civil courts can also apply to this scheme and will not be barred.

“Secondly the government must also provide much more clarity on what constitutes ‘in care abuse’. We would certainly hope that it would be a very wide-ranging definition so that as many survivors as possible can apply.

“Finally we would urge the government to move forward with the legislation as quickly as possible and also to make clear when and how those suffering through ill health or advanced age can make application for advanced payment.”

Judith Robertson, chair of the Scottish Human Rights Commission, said: “We are pleased that the Scottish government has listened to and accepted recommendations made on this issue by the Historic Abuse InterAction Action Plan Review Group. In particular, we welcome that legislation is to be progressed before the end of this parliamentary term, and that advance payments will be made to survivors over 70 and those who are approaching the end of their life through ill-health.

“We also welcome the unreserved apology made by the Deputy First Minister on behalf of the Scottish government to all those who were abused as children while in care. The state has an obligation to protect the rights of anyone in care. While historic abuses cannot be reversed, it is right that today’s government takes all possible action to deliver justice for those affected, and to prevent further abuses in the future.”