Applying for redress

If you suffered abuse while you were a child in care in Scotland in the past, you can apply for redress. You can also apply if you are the next of kin of a survivor of abuse.

What does Redress Scotland mean by abuse, and who is eligible?

There are different kinds of abuse in care. These are emotional abuse, neglect, physical abuse and sexual abuse. The Act – and Scotland’s Redress Scheme – covers all of these kinds of abuse.

Scotland’s Redress Scheme applies to abuse that happened when the survivor was in a care setting and below the age of 18, and where the abuse happened before 1st December 2004. A ‘care setting’ is a place or an institution where children are looked after by people who are not their family. This includes most children’s homes, schools, care facilities, secure accommodation boarded-out and foster homes.

Timescales at Redress Scotland

Find out more about timescales at Redress Scotland here.

Decision Making at Redress Scotland

What happens once I have completed my application? 

After you have agreed your application is complete, it is sent to Redress Scotland by your Scottish Government caseworker. Your application will be shared with panel members who will read it carefully before the panel day.

Some applications are given a ‘priority’ because of the health or age of the survivor making the application. Priority applications are allocated to the first panel day that is available.

Find out more about completing your application on the Scottish Government website.

What happens to my application once Redress Scotland receive it? 

Your application is placed in a queue once Redress Scotland staff receive it. The length of this queue depends on the priority status of your application.

Once your application has reached the front of the queue, it will be allocated to a panel day. Your application will be shared with panel members 2 weeks in advance of the panel day, so they have time to prepare.

We will write to you to tell you when your panel date will be.

Before the panel day, each panel member will use your application pack to make their own notes about your application. In their notes, they will record their view on whether your application is eligible for redress. If you are submitting an Individually Assessed Payment application, the panel members will also each record their view on the level of redress award they might make.

The panel members use the Redress for Survivors (Historical Abuse in Care) (Scotland) Act 2021 to help them make their decision on your application. When they make a decision, they must also consider the Eligibility, Evidential Requirements and Determinations by Redress Scotland statutory guidance and the Assessment Framework statutory guidance.

Panels are made up of 2 or 3 panel members, depending on the type of application. They meet online for the panel day and can look at between 1 and 6 applications depending on the size of the application packs. On average, 4 applications are considered per sitting day.

The panel members use your application and their own notes to discuss whether your application is eligible for redress. If you have submitted an Individually Assessed Payment application, they will discuss the appropriate level of award, using the Assessment Framework statutory guidance.

On the sitting day the panel members will:

• Remind each other of the values of Redress Scotland, which are Dignity, Compassion and Respect
  
• Adhere to the evidential requirements for the redress scheme.
• Decide if your application is eligible for redress – this could be regarding a care setting or length of time in care.
• Make sure there is sufficient supporting documentation for your application – this could be regarding eligibility or support for your statement of abuse.
• Discuss any neglect, emotional, sexual and physical abuse described in your application. For individually assessed payment applications, the level of award for each type of abuse will be agreed.
• Consider other relevant factors, taking account of all of your experiences of abuse.
• Decide whether they can make an award of redress and, for an individually assessed payment, what level of award is most appropriate. They may not be able to make a decision on the day if they need to ask you for more information about your experiences of abuse.
• Write your decision letter with the reasons for their decision or their request for additional information.

Redress Scotland staff then check all of the letters written by panel members. This is to make sure the decision and the reasons for the decision are clear, or, if the panel are asking for more information, that it is very clear what they are asking for. This usually takes up to 5 days to complete. Once completed, your letter is shared with your Scottish Government caseworker and included with the other information in your decision pack. 

Applying as a survivor’s family member

When a survivor of abuse in care has died, their spouse, civil partner, co-habitant or children can apply for redress. This is called a next-of-kin application, and can be made as long as the survivor was eligible and had not already received a redress payment.

If a next-of-kin application is successful, the whole amount of redress can be paid to a spouse, civil partner or cohabitant, or divided between surviving children.