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REDRESS SCOTLAND

Information


PDF Document NEW! Dear all, please find attached a copy of a letter from the Deputy First Minister John Swinney MSP, sent to all current applicants to the Redress Scheme who have not had their cases concluded to date. Among other things he says:

“When we established the scheme, we did so to provide acknowledgement and tangible recognition of the harm that has been caused, and with the commitment that it would be less adversarial and swifter than court action. This remains my personal commitment to you.

I said that the scheme would be survivor led and that we would listen and act upon feedback. We listened to feedback that, for some of you, the process is taking longer than expected and, in response to this, we have recruited additional caseworkers. From January there will be 23 fully trained case workers working hard to help with applications. As a direct result of this staffing increase, I am able to assure those of you who have already received a letter from the casework team advising that your application is ready for allocation, that you will be allocated to a named caseworker by the end of January 2023.

We have also listened to those of you who have told us that communication about the progress of your application is not frequent enough. You will be contacted with an update about your application, no matter what stage in the process it is at, in January or February and then again at more regular intervals going forward.”

Should any questions arise from this correspondence, the Civil Servants have asked, please do send these on to survivor.relations@gov.scot. 5th December 2022 (PDF format).


PDF Document Redress Scotland logo. NEW! Redress Scotland ‐ Corporate Plan 2022‐23. Final agreed version for publication 3rd November 2022 (PDF format).

PDF Document Redress Scotland logo. NEW! Redress Scotland Facts and Figures Report. Information about the work of Redress Scotland, November 2022 (PDF format).

PDF Document NEW! Dear all, the Interaction Action Plan Review Group (IAPRG) under the auspices of the Scottish Human Rights Commission (SHRC) has completed most of its work and is coming to an end. The IAPRG group has written to John Swinney MSP, Deputy First Minster, to inform the Scottish Government of its progress and outstanding matters.

FBGA was one of the founding members of the IAPRG in 2012, as was Mr Harry Aitken, an Independent former resident of Quarriers. At various times since then other former Quarriers residents have also represented survivors and the survivor community.

David Whelan and FBGA would like to extend a personal “Thank you” to Harry for all his support throughout many years of sometimes challenging and difficult discussions. Harry and David continued to raise important matters in the IAPRG that directly affected Quarriers former residents who suffered harm in the past and on behalf of others in the wider survivor community right up to the last meeting.

Harry supported David and FBGA over many years including at parliamentary meetings and his support was invaluable. FBGA and David will always be indebted to Harry for all his support, guidance and advice over many years. We would also like to thank all the former residents of Quarriers and others who have lent their support over the years. Sadly many have passed away in the meantime.

The letter to the Deputy First Minister from the IAPRG of the 11th March 2022 outlines the progress to date, outstanding matters and possible next steps (PDF format). Here is a direct link to the full letter on SHRC's website.

FBGA have recently been invited to become members of the Cross Party Group (CPG) in the Scottish Parliament and so FBGA will continue to raise important matters on behalf of survivors and former residents going forward. The CPG will be focused as part of their agenda on the Redress Scotland redress scheme.


NEW! The full letter sent by John Swinney, Deputy First Minister, to the Education and Young Persons Committee Convenore Stephen Kerr MSP on the 8th March 2022 (PDF format).

(START of Extracts from the letter) Since the scheme opened, over 3000 calls have been made to the phone lines. The team handling these calls have received extensive training in order to work in a trauma‐informed way and are working sensitively with applicants at every stage of the process, including support with accessing records. In addition, I am happy to share that more than 800 redress applications have been received to date, made up of around 750 survivor redress applications and around 50 next of kin applications.

The number of applications received in the first twelve weeks of the scheme has exceeded forecasts. It was projected that around 30% of the total number of applications expected over the five years of the scheme, would be received in the first year. Within twelve weeks of the scheme opening, 9% of the expected five‐year total of survivor applications have been received. In response to the high number of applications already received, a further ten redress caseworkers are being recruited, almost doubling the number of caseworkers available. Recruitment will take time but the process is now underway.

The modelling for the scheme anticipated that many survivors would choose to engage with caseworkers for pre‐application support assistance with accessing care records and supporting information, before submitting their application. Many survivors have however chosen to submit their application at the earliest opportunity and then benefit from the caseworker support to access the information they need to have the application progress to Redress Scotland. The profile of the applications received to date is therefore different to what was anticipated in the early weeks, with many applications still being mostly incomplete upon receipt.

When a survivor or applicant submits an application for redress, they will receive acknowledgment of their application being received. Following this they can expect to receive initial contact from the Scottish Government within a six‐week period. The team are working to allocate a caseworker to each survivor or applicant as soon as possible after initial contact. Allocation is being prioritised for those applications received from survivors who are terminally ill and those who are aged 68 or older. Due to the high volume of applications received in the opening weeks following scheme launch, there is a waiting period for caseworker allocation. The waiting period is currently in the region of around eight weeks for those applications that do not fall under the terminal illness or 68 and older priority categories. The team are working hard to reduce this waiting period. I would like to give my personal assurance that every effort is being made to reduce this waiting period. Staff are working hard to minimise waiting times and remain available to help. We continue to encourage people to contact the team for assistance if they are considering applying to the scheme (END of Extracts). Online version here.


Redress Scotland logo. NEW! Joanna McCreadie, CEO of Redress Scotland says: “Good morning everyone, I wanted to get in touch to let you know that the new website for Redress Scotland went live on the same day that the redress scheme opening was announced by John Swinney, Deputy First Minister in the Scottish Parliament. You can visit the website here Redress Scotland ‐ Survivors are at the heart of the Redress Scotland process and please feel free to let me know what you think of the website and content if you would like to do so.

“I am very aware that the positive feedback we have had so far is because of the excellent input and advice that you all gave to the team at StudioLR – Dave, Rhona and Lucy – and the writer from APS – Martin. Your insights helped us to develop four principles for communication which we used for the website, but which we will also use for all of our communications. As well as being informative, you also challenged the design team to come up with visuals and words that work for as many survivors as possible ‐ and that are also clear and useful.

“We have had positive feedback on the website from a number of different people. However, the website and the content is still in need of development and we will be working from early 2002 onwards to make improvements. We are planning to have discussions with people in January 2022 about the website and how we can develop it further. If you would like to be involved in this please email Paula Craik and let her know paula.craik@redress.scot.

“Thank you for giving your time and sharing your views and ideas, and I would like to wish you all a lovely Christmas and New Year, Joanna.”


Quarriers National Redress Scheme update, 8th December 2021. (See below for FBGA response.) Quarriers CEO Dr Ron Culley said:

“It is with deep regret that we are unable to participate in the national Redress Scheme, as we had hoped and planned. We have worked productively with Scottish Government officials for the past eighteen months, but in the end our teams could not bridge the gap between what Quarriers could afford and the realistic minimum level of financial contribution that the Scottish Government could accept.

“Our priority is the well‐being of the thousands of people that we support in communities right across Scotland. Independent analysis confirmed that the charity does not have the necessary assets or cash reserves to contribute £4 million without seriously impacting on the sustainability of the services that we provide.

“It is important to point out that no one applying to the scheme will be negatively impacted financially due to Quarriers not being able to take part.

“Quarriers remains committed to supporting former residents and will invest an additional £1 million in aftercare services over the next ten years. Close discussions with the survivor community will ensure these funds are directed towards appropriate support, and we will also continue to seek reconciliation with survivors of abuse.”


PDF Document FBGA Press Statement in response to Quarriers National Redress Scheme update, 9thDecember 2021 (PDF format).

The Former Boys and Girls Abused in Quarriers Homes (FBGA) group, respects and fully supports Quarriers Board's decision, given Quarriers is unable to participate in the Redress Scotland Scheme due to the severe impact this financially would have on its sustainability, services now and going forward including its ability to provide vital care to the 5,000 vulnerable people that it currently supports.

It is in no one's interest least of all any Former Boys and Girls Abused in Quarriers Homes that Quarriers becomes unsustainable and cannot continue to deliver the quality services to the vulnerable service users that it does today and going forward to its former residents accessing the aftercare service.

FBGA's campaign over many years for Support Services, Justice, a Judicial Inquiry and Redress for survivors who we represent has been achieved.

It is important to note, that Quarriers decision will not affect whatsoever the Redress Scotland award payment level at all that any Quarriers survivors will receive through the Redress Scotland Scheme as the Scottish Government will pay this Redress Payment in full.

Quarriers Board have committed £100,000 per annum over 10 years to its aftercare service which we more than welcome as it demonstrates Quarriers long term commitment and Corporate responsibility to support directly all its former residents in particular those who had negative experiences and were abused in the past institution by enhancing the after care service. Survivors and other former residents of Quarriers will be consulted to help design and improve the aftercare service going forward.

FBGA believe that the time has come for Quarriers Charity to focus fully on directly supported services for its former residents via the enhanced aftercare service and help achieve Reconciliation with the Quarriers Charity while acknowledging its recent past. David Whelan (Spokesperson FBGA).

Appendix added 9th December 2021: Quarriers by its decision is upholding the RIGHTS of its survivors to take civil action against the organisation and the State if that is what they wish today. When Survivors were asked, in a consultation in 2017, did they want contributions from institutions? there was no indication nor did the Scottish Government say that we would have to sign a Waiver giving away our Rights.


Scotland Redress Scheme is now open for applications, please follow the link to apply. Phonelines open from Thursday the 9th December after 10am. Further updates and information will be posted on the FBGA website in due course.

Redress Scotland Chair Johnny Gwynne said: “This is an important day in the lives of survivors for whom this scheme is intended, and a milestone in Scotland's journey to addressing some of the deeply troubling incidents in its past.

“The Redress Scotland team and panel members consider it a privilege to be able to undertake this significant work.

“We stand ready to receive and make decisions on applications for redress.”

Link to the Scottish Government's website pages on REDRESS and how to APPLY here.


Dear all, The Redress Scotland panel member appointments were announced on the 1st December 2021 and brief biographies were shared publicly. Information on Redress Scotland panel members can be found here.

PDF Document Financial redress for Survivors of Historical Child Abuse in Care. Scotland's Redress Scheme ‐ an update on progress. Information Note 13. Shona MacPherson for the Scottish Government, 9thNovember 2021. Online copy here (PDF format).

PDF Document Copy of an email from Donald Henderson to FBGA regarding redress legal fees, 5th November 2021 (PDF format). Donald Henderson is the Deputy Director of the Scottish Government, Redress, Survivor Relations and Abuse Inquiry Response. Paragraphs three, four and five of his email read as follows:

“To broadly summarise the approach, the primary legislation places the Scottish Ministers under a duty to pay a prescribed sum (what we have called fixed fees in our discussions with you) to a solicitor in respect of the legal work reasonably undertaken in making an application for redress.

“The Regulations we recently laid in Parliament, set out what those fixed fees are in respect of the different paths an application may take. The principal fees are £450 + VAT in respect of an application for a fixed rate payment, and £2,000 + VAT in respect of an application for an individually assessed payment.

“In addition to the fixed fees set out in the Regulations, in any case where there are exceptional or unexpected circumstances to justify it, a solicitor can apply to Redress Scotland for an additional sum over and above the fixed fee. That process could be used to seek authorisation to instruct Counsel, or to cover additional work incurred in the preparation for, or the attendance at, if Redress Scotland have asked for an oral hearing.”


Video of the hearing of the Scottish Parliament's Education, Children and Young People Committee, Session 6, 27th October 2021.

Committee Agenda.
  1. Decision on taking business in private: The Committee will decide whether to take item 11 in private.
  2. Evidence Session (in private): The Committee will consider the evidence it heard earlier under agenda item 9.
  3. Correspondence: The Committee will consider draft correspondence on the 2021 Alternative Certification Model.
  4. Subordinate legislation: The Committee will take evidence on the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021 from ‐ John Swinney, and Paul Beaton, Scottish Government; Barry McCaffrey, Scottish Government Legal Directorate.
  5. Subordinate legislation: John Swinney MSP, Deputy First Minister to move—S6M-01080—That the Education, Children and Young People Committee recommends that the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Form and Content of Waiver etc.) Regulations 2021 be approved.
  6. Subordinate legislation: The Committee will take evidence on the Redress for Survivors (Historical Child Abuse in Care) (Exceptions to Eligibility) (Scotland) Regulations 2021 from ‐ John Swinney, and Paul Beaton, Scottish Government; Barry McCaffrey, Scottish Government Legal Directorate.
  7. Subordinate legislation: John Swinney MSP, Deputy First Minister to move—S6M-01400 ‐ That the Education, Children and Young People Committee recommends that the Redress for Survivors (Historical Child Abuse in Care) (Exceptions to Eligibility) (Scotland) Regulations 2021 be approved.
  8. Subordinate legislation: The Committee will consider the following negative instruments ‐ SSI 2021/312 Redress for Survivors (Historical Child Abuse in Care) (Reimbursement of Costs and Expenses) (Scotland) Regulations 2021.
  9. Subordinate legislation: The Committee will consider the following negative instruments ‐ SSI 2021/313 Redress for Survivors (Historical Child Abuse in Care) (Payment of Legal Fees) (Scotland) Regulations 2021.
  10. Subordinate legislation: The Committee will consider the following negative instruments ‐ SSI 2021/333 Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021.
  11. Advance Research and Invention Agency (UK Parliament legislation): The Committee will take evidence on legislative consent memorandum LCM(S6) Advanced Research and Invention Agency Bill from ‐ Jamie Hepburn, Donald Cameron, Roddy MacDonald, and Magdalene Boyd, Scottish Government.


PDF Document Draft report of the Scottish Parliament's Education, Children and Young People Committee, Session 6, 27th October 2021 (PDF format). Link to the official web page. FBGA draw your attention to Oliver Mundell's comments and the comments of the Convenor, Mr Stephen Kerr MSP, on page 16 of the report in relation to FBGA's email of the 26th October 2021.

Oliver Mundell: It is important to note, as a point of fact, that there are survivors who continue to have concerns in this area. I do not propose that the committee make any further comment in that regard, but it is important to put that on the record.

The Convener: There have been specific representations to the committee in relation to the cost of appearance work, which is when a solicitor appears before the panel in person. There is a concern that the cap that is currently in place on legal costs would not cover that additional expense and, therefore, would not cover the quality of legal work as defined by the Law Society of Scotland. That is subject to further and on-going discussions.


PDF Document Copy of FBGA email to the Education, Children and Young People Committee, raising the serious concerns that many survivors and their legal representatives have regarding the current proposed legal fees for the Scottish Government's Redress Scotland scheme, 26th October 2021 (PDF format). FBGA continues to work with all the parties, including Scottish Government civil servants, to help improve the Redress Scotland scheme for survivors we represent and the wider survivor community prior to it going live. David Whelan, FBGA spokesperson.

PDF Document Dear all, Former Boys and Girls Abused in Quarriers submission to the Education, Children and Young People Committee, 20th October 2021. Relating to the secondary legislation process. Please see FBGA's full submission and follow this link for the committee's work stream and scheduled meetings (PDF format).

PDF Document Financial redress for survivors of historical child abuse in care. Information Note 12. Scotland's Redress Scheme ‐ preparations for scheme opening. The Scottish Government, October 2021 (PDF format).

PDF Document FBGA wish to clarify the following relating to the FBGA commissioned Assessment Framework response having been asked about it at a meeting with Scottish Civil Servants on the 11th October 2021.

Question 4 in the (draft) submission received was as follows: Do you feel we have the balance right to ensure that the assessment is not ridged and inflexible? Does it offer enough transparency to allow consistency in decision making? Answer: The balance appears right in terms of rigidity/flexibility.

The definition of “appears” in the dictionary is as follows: “If you say that something appears to be the way you describe it, you are reporting what you believe or what you have been told, though you cannot be sure it is true”.


PDF Document Dear all, Former Boys and Girls Abused Quarriers Homes (FBGA) Commissioned Response to the Proposed Assessment Framework, pages 1‐23 & pages 24‐29, and additional accompanying letter.

Mr John Swinney, MSP, Deputy First Minister, stated to the Education and Skills committee (10/02/2021, page 31 Education and Skills committee report): “ We always intended our definition of “abuse” to cover all the forms of abuse that survivors might have suffered, and our view was that the very broad categories set out in the bill achieved that. However, during stage 1, concerns were expressed that it was possible that some types of abuse might be excluded by the bill and would therefore not be eligible for redress. I have listened to those concerns and am persuaded that, for the sake of clarity, consistency and reassurance for survivors, there is merit in aligning the definition in the bill with that in the 2017 act. Amendment 51 therefore substitutes “includes” for “means” in section 17(1).

We have been commissioned by FBGA in our roles as experts by care experience and as practicing clinicians to respond to the proposed framework. Please find attached a copy of the proposed assessment framework, with our responses/concerns highlighted in the body of the text. Please also find below our replies to the questions that you have asked regarding the framework.

We would like to acknowledge the complex, arduous, and emotionally challenging task of creating the assessment framework. Our responses are designed to support the continued development of the framework as trauma informed and survivor centred. See attached PDF for the full feedback, response, comments and recommendations to the Scottish Government and others (PDF format).


PDF Document A Note from the Scottish Government regarding Survivor involvement in the recruitment process for Redress Scotland Panel Members, 01/08/21 (PDF format). If you are a victim/survivor of abuse in care in Scotland, have an interest in the development of Scotland's Redress Scheme and are keen to help with the recruitment of the decision‐making panel members for Redress Scotland, we would like to hear from you.

Process/Next steps: If you are interested and want to find out more, please email estelle.carmichael@gov.scot ideally by 9 August.
  • A facilitator will talk to you about your expression of interest and depending on the level of demand, you will be invited to the introduction/preparation session.
  • Arrangements will be made for you to meet other survivors and the facilitator and participate in necessary preparation work that will help create an effective recruitment process for you and for the candidates.
  • There will be further detail and the opportunity for questions in discussion with the facilitator and in the preparatory session.


PDF Document Former Boys and Girls Abused in Quarriers (FBGA) Secondary Legislation proposals (pages 1‐4) 2nd July 2021. This submission to the Scottish Parliament has been compiled by David Whelan (FBGA representative on the Interaction Review Group) on behalf of the FBGA following previous discussions on the issues with former Quarriers residents and others, and is linked to the parliamentary evidence previously provided by the FBGA (PDF format).

PDF Document Ministerial statement by John Swinney, Deputy First Minister, and full parliamentary report of the meeting of the Scottish Parliament on 16th June 2021 (PDF format).

Mr Swinney announced that Mr Johnny Gwynn, the former deputy chief constable of Police Scotland, is to be the chair of redress Scotland (See page 24). He said that new provisions of the Scotland Act 1998 will establish “a new independent non‐departmental public body called redress Scotland to assess applications seeking redress. Work is under way to ensure that redress Scotland has the right people, systems and processes to support its vital work. I am delighted to announce that, following an open and fair public appointments process, in which survivors played a key role, I have agreed to appoint Johnny Gwynne as chair of redress Scotland.

As many will know, Mr Gwynne is the former deputy chief constable of Police Scotland and a past director of the United Kingdom National Crime Agency with responsibility for tackling child exploitation. In leading the establishment of redress Scotland, he is resolutely committed to building the type of independent and transparent organisation that is capable of delivering justice for survivors. To do so, he will work from the outset to instil a trauma‐informed culture right across the organisation. I am in no doubt that he will bring the needed leadership and empathy to that key strategic role.”

The full report, detailing the discussions and questions raised by MSPs during the session, can also be found online here.


PDF Document The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill 2021 as passed at Stage 3 by the Scottish Parliament (PDF format). Online copy here.

PDF Document Dear all, please find attached a proposed FBGA Survivor Forum model which FBGA submitted to the Scottish Government, the Scottish Human Rights Commission and the Interaction Review Group in May 2021. The Survivor Forum model was arrived at by consulting with former residents and professionals with lived experience and others. Its development was based on FBGA's past experiences of working over 19 years in various groups on the historical abuse issues.

 

Independent Legal Support

The Redress Scotland information is provided by FBGA and, while we endeavour to keep the information up to date, we make no representations or warranties of any kind, nor endorse or promote any other party or any particular legal firm highlighted with respect to the FBGA website. The contents of this FBGA website are subject to a disclaimer. The Redress legal information is offered on the basis of providing redress information and choice for survivors. Other legal firms and other information may be added in the future.



Digby Brown PDF Document Kim Leslie, partner. Information here for Digby Brown
Website link: Abuse Claims ‐ Physical, Mental or Sexual.
Phone: 0333 060 5422
Monday to Friday: 8am - 7pm
Saturday and Sunday: 12pm - 4pm
(local rate, even from a mobile)

Historic Abuse Compensation Claims (PDF format). Word version here.



 

Drummond Miller LLP PDF Document Darren Deery, Partner. Information here for Drummond Miller.
Website link: Claims for Physical, Sexual and Emotional Abuse.
Glenorchy House,
20 Union Street,
Edinburgh, EH1 3LR.
Phone: 0131 243 1200
Fax: 0131 225 2608

Drummond Miller What we do (PDF format). Word version here.



 

Thompsons Solicitors Scotland PDF Document Website link: Thompsons Physical, Mental or Sexual Abuse Claims Solicitors Scotland.
Berkeley House,
285 Bath Street,
Glasgow, G2 4HQ.
Talk to Laura Conner for advice on your rights and to discuss what option is best for you.
Phone: 0141 221 8840
Email: Laura Conner

Physical, Mental or Sexual Abuse Claims Information (PDF format). Word version here.
Redress and Compensation Information
(PDF format). Word version here.



 

 
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Contact us for help and advice by email at fbga1@aol.com
Scottish Child Abuse Inquiry website.

Transcripts from each day of the inquiry.

PDF Document Scottish Child Abuse Inquiry /QAB/findings Quarriers Case Study No 3. January 7th 2020 (PDF format).

PDF Document Scottish Child Abuse Inquiry Case Study No 6. September 2021 (PDF format).