Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 and relevant secondary legislation: business and regulatory impact assessment (BRIA)

2. Consultation

2.1 Within Government

In preparing, developing and implementing the Act, including bringing forward secondary legislation in relation to the scheme, the Redress, Relations, and Response Division, which sits within the Scottish Government's Children and Families Directorate, engaged with the following internal stakeholders:

Scottish Government

• Third Sector Unit, Directorate for Local Government and Communities
• Survivor Support Team, Directorate for Community Health and Social Care
• Civil Law and Legal System Division, Directorate for Justice
• Looked After Children Unit, Directorate for Children and Families
• Internal Audit – Director General Education, Communities, and Justice
• Local Government Policy and Relationship Unit, Directorate for Local Government and Communities
• Finance Business Partner – Education, Directorate for Financial Management and Health, Directorate for Financial Management
• Improvement, Attainment and Wellbeing Division, Directorate for Learning
• Children and Families Analysis Team, Education Analytical Services, Directorate for Learning
• Social Security Policy Team, Social Security Directorate
• Youth Justice and Children's Hearings Unit, Directorate for Children and Families
• Adult Social Care Policy Team, Directorate for Community Health and Social Care
• Directorate for Safer Communities
• Scottish Procurement and Property Directorate
• Scottish Government Legal Directorate (SGLD)
• National Records of Scotland (NRS)

UK Government

• Government Actuary's Department (GAD)
• Criminal Injuries Compensation Authority (CICA)
• Department for Work and Pensions (DWP)
• HM Revenue and Customs (HMRC)
• Department for Health and Social Care (DHSC)

Northern Ireland Executive

• Historical Institutional Abuse Implementation Branch, Strategic Policy, Equality and Good Relations Directorate, Executive Office
• Social Security Policy, Legislation and Decision Making Services, Department for Communities

All of the above stakeholders have been engaged from the early stages of formulation of the redress scheme. Engagement continues with these stakeholders following the launch of the scheme, and the implementation of the Act. Colleagues have provided advice on both current and forthcoming policies and initiatives within their areas of expertise.

Officials working on development of the redress scheme have liaised with relevant policy teams as is necessary to consider eligibility, develop the redress scheme's approach to non-financial redress, and ensure alignment with existing support services. Relevant policy teams include Survivor Support, Third Sector Unit, and Improvement, Attainment and Wellbeing.

Following discussions with DWP, HMRC, DHSC, the Northern Ireland Executive, and Scottish Government Social Security Policy, officials have secured agreement for a number of the necessary agreements or 'disregards' to make sure that payments made under Scotland's Redress Scheme will be disregarded indefinitely when calculating entitlement to means-tested social security benefits or other forms of public sector support. The legislation relating to means-tested benefits delivered by DWP came into force 1 January 2022.^[13] Other English, Welsh and Northern Irish disregards will be laid and come in to force by 1 April 2022 and agreement has been received from the relevant authorities to disregard the payments until the required legislation is in force.

GAD, Scottish Government Finance, Children and Families Analysis, and Internal Audit have assisted by refining estimates of the number of people likely to be eligible to apply for the scheme, and in developing consideration of financial contributions to the scheme and the resultant financial implications both for the overall scheme and in relation to individual organisations.

In-depth discussions with the Third Sector Unit, the Procurement and Property Directorate, the Civil Law and Legal System Division, and the Scottish Government Legal Directorate enabled Provider Contributions Team colleagues to assess the viability of a range of potential provider contributions models and arrive at a practicable proposal to present to care providers.

Scottish Government Legal Directorate has had a key role throughout development of the legislation.

2.2 Public Consultation

A public consultation on the detailed design of a statutory financial redress scheme in Scotland, scheme administration issues, and high level views on financial redress as part of a package of wider reparations for survivors, was held between 2 September and 25 November 2019. 280 responses were received overall. Of these, roughly four out of five (82%) were from individuals, while the remainder (18%) were from organisations. Of the individuals who responded, around nine out of ten (91%) identified as a survivor of historical abuse in care. 11 responses were received from current or previous care providers; 13 from local authorities and public sector partnerships; 5 from other public sector bodies; 9 from the third sector, including survivor groups; 9 from legal sector organisations; and 4 from other organisational respondents.

A robust awareness raising and communications strategy was implemented with relevant organisations to help to maximise survivor participation. An information phone line was set up to answer questions on the consultation context and process. Participants could take part in the consultation in a range of ways: by filling in the respondent form online; by returning a paper copy of the respondent form by post; or by providing free narrative written or email responses. In further efforts to reduce barriers, the Scottish Government facilitated seven consultation information sessions for survivors and relevant organisations working with survivors.

The responses have been published, where the Scottish Government has permission to do so, at: Financial Redress for Historical Child Abuse in Care – Pre-legislative Consultation Published Responses.

In addition, the Scottish Government has published an independent analysis report which is available at: Financial Redress for Historical Child Abuse in Care - Consultation Analysis.

In relation to secondary legislation made under the Act, whilst a formal consultation was not carried out, stakeholder views were obtained through a targeted engagement exercise. This incorporated input from survivor organisations, representatives of the legal profession, care providers and others. A formal consultation was not considered appropriate given previous consultations on the scheme, the significant scrutiny and evidence submitted to the Scottish Parliament before the Act became law, the technical nature of secondary legislation enabled by the Act, and the imperative to implement the scheme as soon as practically possible.

2.3 Business

The Scottish Government has contacted a large number of organisations to initiate a programme of engagement concerning the statutory redress scheme and to explore the potential for them to provide financial contributions towards it (see section 14 of the Act in relation to scheme contributors). Many of those organisations which we have approached have been selected for investigation by the SCAI.^[14] The lists below details the organisations with which officials have held meetings since September 2019:

Grant aided special schools

• Balnacraig School
• The Donaldson Trust
• East Park
• Harmeny Education Trust
• Sight Scotland

Third sector charities / Charitable trusts

• The Aberlour Child Care Trust
• Barnardo's
• Carnegie Dunfermline Trust
• Children 1^st
• CrossReach
• Dean & Cauvin Young People's Trust
• Dr Guthrie's Association
• Moore House Group
• Ponton House Trust
• Quarriers
• Red House Home Trust
• Sailors' Society
• Save the Children
• Seamab Care & Education
• Starley Hall School
• Widowers

Secure care

• Rossie Young People's Trust
• Good Shepherd Centre
• Kibble Safe Centre
• St Mary's Kenmure

Religious organisations

• The English Benedictine Congregation
• The Congregation of Christian Brothers
• Daughters of Charity of St Vincent de Paul
• Congregation of Our Lady of Charity of the Good Shepherd
• The Marist Brothers
• Poor Servants of the Mother of God
• Salesians of Don Bosco
• The Salvation Army
• Sisters of Nazareth

The Scottish Government has also held meetings with:

• The Convention of Scottish Local Authorities (COSLA)
• Association of British Insurers (ABI)
• The Bishops' Conference of Scotland
• Conference of Religious in Scotland
• Educating through Care Scotland (EtCS)
• Coalition of Care and Support Providers in Scotland (CCPS)
• NHS Scotland
• Scottish Prison Service
• And the insurance companies, Zurich and Pro-Global

Other extant organisations contacted by Scottish Government have chosen not to respond to meeting invitations at this time.

In the case of organisations which no longer exist, Scottish Government intends to contact the administrator, successor organisation, or umbrella organisation, if one exists, in due course.

Scottish Government held an information event attended by 31 insurance industry representatives on 31 January 2020.

All meetings with organisations, during the process of consultation on the Bill which became the Act and thereafter, have helped to inform our policy approach and how we are implementing the scheme. Further information on our engagement with legal sector is included within the Business and Regulatory Impact Assessment for The Redress for Survivors (Historical Child Abuse in Care) (Payment of Legal Fees) (Scotland) Regulations 2021.^[15]