Date received: 23 November 2023
Date responded: 20 December 2023
Information Requested:
You asked:
1. What percentage of claims under this scheme are successful?
2. What guidelines are in place to ensure false accusations are not upheld?
3. What actions are taken against applicants who make false allegations?
Redress Scotland’s Response:
1. What percentage of claims under this scheme are successful? Redress Scotland is the independent body which makes decisions about applications to Scotland’s Redress Scheme. The main administration and any redress payments are carried out by the Scottish Government’s Redress Operations Unit.
The majority of decisions made by Redress Scotland’s panels are on direct claims for redress. In some circumstances, panels also make separate decisions in relation to eligibility to make a claim, or in relation to legal fees.
Overall, the percentage of all claims that Redress Scotland receives that are successful is 94%.
More information on the outcomes of redress applications in our Facts and Figures report which can be found here.
2. What guidelines are in place to ensure false accusations are not upheld? and 3. What actions are taken against applicants who make false allegations? Redress Scotland’s statutory function is to make determinations on redress applications and it has no statutory functions or powers relating to raking action against applicants who may have made false statements. The main procedures and guidelines to prevent and pursue any fraudulent applications fall under the control of the Scottish Government. Where a Redress Scotland panel suspect an application has been made fraudulently, this is referred to the Scottish Government for further investigation.
Redress Scotland are only able to make decisions on the basis of the required supporting information. More details about the type and level of evidence required for a redress application can be found here:
Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021: statutory guidance – evidential requirements and determinations by Redress Scotland – gov.scot (www.gov.scot)
It is important to note that a Redress Scotland decision to deny a redress payment does not in itself infer that an application was made falsely or fraudulently. In most cases, applicants are denied redress because their time in care did not meet the eligibility criteria for the scheme or because they were not able to supply the required level of supporting information.
The criteria for receiving a redress award are laid out in the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (legislation.gov.uk)
There is provision in the Act for the recovery by Scottish Ministers of redress payments made in error and the reconsideration of determinations which may have been materially affected by error, including in circumstances where a determination has been made on the basis of incorrect or misleading information. Guidance for any payments made in error is covered below:
Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 – payments materially affected by error: statutory guidance – Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 – payments materially affected by error: statutory guidance – gov.scot (www.gov.scot)