Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - annual reports: statutory guidance – updated August 2024

Annual report on wider redress actions

Status of this Guidance

1. This guidance is issued under section 106 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 ("the Act").

2. This guidance applies to organisations included on the scheme contributor list and to organisations where an application for a redress payment involving that organisation (hereafter "responsible organisation") has resulted in an offer of a redress payment and where Scottish Ministers have issued a reporting direction to the responsible organisation under section 100.

2.1 This could include, for example, an organisation which owned, managed or was otherwise involved with a relevant care setting where historical child abuse took place (such as a residential institution as described in section 20 of the Act) or an organisation that arranged foster care or boarded out placements.

3. This guidance covers:

• The reporting requirements (sections 99-101) imposed on scheme contributors and relevant organisations in relation to their wider redress actions.
• The types of information that a redress report must contain.

Policy intention

4. The Act requires certain organisations to report annually on their wider (i.e. non-financial) redress activities (section 99).

4.1 The intention of this provision is to provide an opportunity for organisations to demonstrate all that they have done to acknowledge and address their role in the context of historical child abuse – on the basis that redress involves taking a range of actions to meaningfully respond to the harms of the past, not just making financial payments to survivors.

5. For survivors of historical child abuse in-care in Scotland, the annual report provides a valuable opportunity to help them understand what wider redress activities are available and may assist them in their own journey for redress. This extends to survivors who may not have applied, or have no intention of applying, to Scotland’s Redress Scheme.

Reporting requirements for organisations on the contributor list

6. Organisations included on the scheme contributor list during the first 9 months of the reporting period must prepare a report on the actions which the organisation has taken during the reporting period to redress the historical abuse of children.

6.1 This report, known as a "redress report", must be sent to the Scottish Ministers within two months of the end of the reporting period (see below). This can be done by emailing the report, preferably as a Word attachment, to redressandrelations@gov.scot.

7. The first reporting period began on 7 December 2021. The reporting period then begins on the same date every successive period of 12 months. The reporting periods will continue until such date as is specified in regulations by the Scottish Ministers.

8. Where an organisation on the contributor list fails to produce a report by the end of the reporting period, the Scottish Ministers may give a reporting direction to that organisation requiring them to produce a report within 3 months (or a longer period if specified) of the direction. The reporting direction may be changed or revoked by the Scottish Ministers at any time.

9. Where a scheme contributor does not submit a report following this direction, Scottish Ministers may publish their failure to produce the report and will engage with the organisation accordingly.

9.1 Failure of a scheme contributor to produce a redress report would constitute a breach of contractual arrangements between the Scottish Ministers and the scheme contributor. The Scottish Ministers would be entitled to take appropriate action in this circumstance, which may include removing the organisation from the contributor list.

Reporting directions for other responsible organisations

10. The Scottish Ministers may also direct an organisation to report where a redress payment involving that organisation results in an offer of a redress payment, and that organisation is not otherwise under a duty to report, referred to as the ‘responsible organisation’ within the Statement of Principles.

11. The report must be sent to Scottish Ministers by 3 months from the date the direction is given, or a longer period, as specified in the direction. The reporting direction may be changed or revoked by the Scottish Ministers at any time.

11.1. Where a responsible organisation in receipt of a reporting direction has failed to comply with it, Scottish Ministers may publish their failure to do so.

12. Relevant organisations which do not have a duty to report, and have not been directed to report, can still submit a redress report voluntarily, if they so choose.

Combined Report

13. The Scottish Ministers will collate the information from each annual redress report sent to them into a combined report for the year to which the reports relate and publish this combined report. This includes any reports received from a scheme contributor, responsible organisation directed to report, and any reports received on a voluntary basis from a relevant organisation.

14. Where the Scottish Ministers believe information within a redress report may contravene data protection legislation, this information may be redacted or removed prior to publication of the combined report.

15. The Scottish Ministers will also remove all imagery prior to publication of the combined report.

The redress report

16. Annual redress reports must, in particular, include the following:

• information about any support which the relevant organisation has provided for individuals who were abused as children, for example:
  • funding for emotional, psychological or practical support,
  • advice and assistance on accessing historical records,
  • advice and assistance on tracing and reuniting families,
  • activity relating to the provision of an apology to those abused.
• such information as considered appropriate about any other support which the scheme contributor, or relevant organisation, has provided for individuals who were abused as children.

This could include, for example:

• information about the actions a relevant organisation is taking to ensure that the services they provide satisfy or exceed the relevant care standards to meet the well-being, development and safety needs of children and vulnerable people;
• information about how safeguarding policy and procedures are implemented by the organisation;
• any further developments or activities in place to improve care and protection;
• memorial events for survivors of historic child abuse;
• the production of materials which capture the history of relevant settings, which may include photographs and testimonials from survivors or past residents; and
• participation in the Scottish Child Abuse Inquiry. where no support or actions have been taken by the relevant organisation then they must provide the reasons as to why this is the case.

17. Scheme contributors and relevant organisations are under no obligation to deliver the range and types of activities listed under point 16 of this guidance. The onus is on providing information where they do provide such support, and where they do not, the reasons for not doing so.

18. Redress reports must not include the names of individuals or any other information which could be used to identify an individual. Names and identifying information may only be used where an organisation can demonstrate that the individual has been consulted and has given a clear and specific statement of consent.

19. Information pertaining to numbers of Subject Access Requests, verification of record or previous relevant payments received and responded to in relation to the Scheme should not risk identification.

20. The accessibility of the redress report should also be meaningfully considered by the scheme contributor or responsible organisation in receipt of a reporting direction.