Meeting of the Parliament (Hybrid) 08 December 2021
As a Parliament, we have pledged to keep the promise that all of Scotland’s children will grow up loved, safe and respected, but a rightly ambitious future should not obscure the need to shine light into darkness where it existed in the past.
On 11 March, the Parliament unanimously passed the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021. I said then that it was one of the most important pieces of legislation that the Scottish Parliament would consider in its lifetime, and I gave a commitment that Scotland’s redress scheme would open for applications by the end of this year.
Today, we are honouring that commitment and opening the scheme. From this afternoon, survivors of historical child abuse in care can apply for the redress that they deserve—a redress package that includes a payment of between £10,000 and £100,000 and access to support and apology. In some circumstances, next of kin can also apply for a redress payment of £10,000.
Across party lines, we have come together to confront the scale and horror of the abuse that Scotland’s vulnerable children suffered. We cannot make up for that pain, and we cannot take away the devastating impact that it has had on people’s lives, but we can, from today, provide acknowledgement and tangible recognition of the harm that has been caused, by offering redress to survivors through Scotland’s redress scheme.
As a nation, we are taking this step together to acknowledge and address the injustices of the past. I hope that survivors and the families of those who are no longer with us, whose tenacity and determination have led us to this milestone, feel a sense of justice today. Out of the horror that they endured and the silence that they were forced to keep in childhood and beyond, they fought for recognition. Part of that recognition is delivered, today, by this scheme.
In September, Lady Smith, the chair of the Scottish child abuse inquiry, said:
“For far too long survivors’ voices were not listened to, nor heard; they were treated as if their views did not matter and as if they were not worth listening to, just as when they were abused in care.”
We accept that the steps that the Government took to respond to survivors between 2002 and 2014—a period that spanned different Administrations—happened too slowly and did not go far enough. During that period, a significant number of survivors of childhood abuse in care in Scotland died. Lady Smith said:
“For them, justice delayed was justice denied.”
Today, the Scottish Government apologises unreservedly that it did not respond more appropriately and sooner to the concerns of survivors of abuse in care who called for a public inquiry. We apologise to the families of survivors who died before the inquiry began its work and before the redress scheme opened.
We know that many survivors are advancing in age and are seeing their health decline. That is why we launched the advance payment scheme in April 2019, which has now made payments to more than 700 survivors. That, too, is why we have worked as hard as we could to open the scheme as soon as possible after the legislation was passed.
The scheme will be delivered by the Scottish Government, which will be the main point of contact for applicants, and by Redress Scotland, which is the new independent body that will make decisions on eligibility and levels of redress payments that are to be offered to applicants. Everyone who is involved in both organisations carries with them a commitment that those who apply to the scheme will be treated with dignity, respect and compassion. Those three principles will be the hallmark of Scotland’s redress scheme.
I invite all survivors who are eligible for the scheme to consider applying, if it is the right choice for them. That is a personal choice, and there is funding for independent legal advice to help survivors to make the right choice for them.
Support is available at every stage of the application process. Caseworkers in the Scottish Government have been carefully recruited and understand that applying for redress is not an administrative task. For some applicants, it will be deeply emotional as they come to terms with their childhood and navigate the sensitivity in disclosing to others what they endured. Caseworkers will offer help on how to obtain supporting documents, advise on completing the application form and answer any questions that applicants may have.
We recognise that some people may decide that they need additional emotional support or feel that they would benefit from additional practical support, such as specialist help to access records. In those circumstances, caseworkers will be able to refer applicants to the redress support service, which is a new, bespoke service that can provide access to external specialist services that use existing networks developed by the in-care survivors alliance. We also recognise that some applicants will want the independent support of a solicitor of their choosing. The redress scheme will pay fees for a solicitor to support applicants with their application.
There has been a strong survivor voice throughout the process of designing and developing the scheme, and I extend my sincere thanks to all survivors who have contributed their time, commitment and insight. Their input has been crucial in so many aspects, including developing the service, testing application forms and other materials, and helping in the selection of panel members for Redress Scotland. The first 20 panel members for Redress Scotland have been appointed through the public appointments process and come from a range of diverse backgrounds. Each panel member has undergone training to build on their experience and apply it to redress.
A huge volume of work has been undertaken at pace for the scheme to open for applications today. As the scheme becomes established in the weeks and months ahead, we will continue to work with survivors. We will listen and respond to the experience of applicants and refine and improve how the scheme operates.
A new survivor forum will be established early next year to ensure that applicants have a mechanism through which to continue to provide feedback and recommend improvements. There have been a number of opportunities for survivors to contribute their thoughts and ideas on shaping the survivor forum, which have included workshops and a questionnaire. Everyone who applies to the redress scheme can, if they wish, become a member of the survivor forum. It will be inclusive and accessible to all and will offer a range of ways to participate.
The scheme will be open for at least five years and we will raise awareness of it among survivors and their families so that as many as possible who are eligible have the opportunity to apply. That will build on the work that we have done to involve and engage survivors so far and on the learning that has been gained and the connections that have been established with relevant organisations and survivors through the advance payment scheme. As of today, that scheme will close to new applications. Applications that have already been received will continue to be processed.
Organisations that were responsible for the care of children at the time of the abuse have been asked to participate in Scotland’s redress scheme and to make fair and meaningful financial contributions to redress payments for survivors. In successive consultations, survivors have told us that that is what they want. Those with a responsibility for the failings of the past have a responsibility to do the right thing today. This is a national endeavour and it is morally imperative that, collectively, we join together to believe and support those who were not believed and supported in the past.
The statement of principles according to which fair and meaningful contributions are assessed was published last week, in preparation for the launch. I welcome the organisations that are on the list of scheme contributors, which is published on the Scottish Government website today, and those that are finalising participation and will join imminently. Discussions with other organisations continue. I am confident that more will follow in addressing their legacy by joining our collective response in the days and weeks ahead.
The redress scheme is now open. Those who want to find out more can find application forms and guidance online at mygov.scot/redress. From 10 o’clock tomorrow morning, phone lines will open for those who would like hard-copy application packs to be posted to them. They can call 0808 175 0808 for survivor applications or 0808 281 7777 for next-of-kin applications. A team of specially trained caseworkers, working on behalf of the Scottish Government, will stand ready to help all applicants at each stage of the application process. The lines will be open from 10 am to 4 pm every Monday to Thursday until 21 December, when we will close the lines for the Christmas and new year break. They will reopen on 5 January.
When I announced in the Scottish Parliament that there would be a financial redress scheme, I also offered an unreserved apology on the Scottish Government’s behalf to everyone who suffered abuse in care in Scotland. Today, I reiterate that apology to survivors and their families. Although we know that we cannot fully make up for the harm that was done and for our failure to take action sooner, we hope that that acknowledgment goes some way to redressing those wrongs.
Survivors of childhood abuse have had to endure unbearable pain. Today, by opening the redress scheme, we as a country take a further step in addressing that suffering, in the hope that our actions now will begin to address the failings of the past.