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

Assessment of applications

Definitions of abuse

11. “Abuse” is defined in section 19(1) of the Act as including sexual abuse, physical abuse, emotional abuse and abuse that takes the form of neglect. Further detailed information on the meaning of each of those terms and further examples of the types of behaviours can be found in the eligibility guidance for the scheme.

Examples of abuse

12. It is not possible to fully describe all experiences of abuse. Every applicant will have a unique experience. This may reflect their identity, personal circumstances and the type of care setting they were placed in. The Assessment Framework sets out some examples of abuse and where these may sit within the payment levels.

These examples are drawn from the definitions of abuse and are not intended to be the only experiences that would fall into a relevant payment level.

• Redress Payment Level 1 £20,000
• Redress Payment Level 2 £40,000
• Redress Payment Level 3 £60,000
• Redress Payment Level 4 £80,000
• Redress Payment Level 5 £100,000

Redress Scotland will consider the nature, severity, frequency, duration and other relevant matters relating to the abuse, assessing the facts and circumstances for each person as described in their application and all accompanying supporting documents or information, before making any determination.

Other relevant factors for consideration may include but are not limited to:

• the length of time the applicant spent in care including the length of time the applicant spent in a relevant care setting in which the applicant was abused
• the age and developmental stage(s) of the applicant at the time of the abuse
• the relationship of the applicant to the perpetrator(s)
• the number of perpetrators
• the number of relevant care settings in which the applicant was abused
• the concurrence, combination or accumulation of different types of abuse
• the personal identity and circumstances and/or emotional vulnerability of the applicant (for example, race, religion or disability)
• the extent to which the applicant was singled out and treated differently from others resident in the care setting at the same time
• the extent to which the applicant witnessed or was forced to take part in the abuse of others resident in the relevant care setting
• the response by a care provider or other person who was responsible for the applicant’s safety and wellbeing to disclosures of abuse made by the applicant at the time, including lack of action and/or being punished for the disclosure
• other additional elements relating to the character of the setting, for example isolation in the case of children boarded out to crofts or placed in, large impersonal institutions, the place of religion in the abuse, or day to day harsh punitive regime
• the extent to which relationships with family members were not supported, circumstances were not explained to children or contact was in itself distressing (regardless of where each of the children lived)

These factors are among those known to indicate an elevated risk of harm to the child and are an important consideration in any assessment of the applicant’s experience.

Redress Scotland may conclude that although the description of abuse in this Framework indicates a certain payment level, consideration of all the other facts and circumstances surrounding an individual’s application, may mean that the payment level would not appropriately reflect the totality of the nature and severity of the abuse experienced and the broader context within which the abuse took place. In these cases, the duration of the abuse and the relevant factors will be of particular significance. Redress Scotland may consider that, once other relevant factors are taken into account, an alternative level of payment is appropriate.

The list of examples of abuse noted below is not exhaustive. Survivors have a unique and individual experience of abuse.

Redress Payment Level 1 £20,000

Applicants at this level will have suffered one or more type(s) of abuse and a consideration of other relevant factors means that this payment level is appropriate.

Redress Payment Level 2 £40,000

Applicants at this level will have suffered one or more type(s) of abuse and a consideration of other relevant factors means that this payment level is appropriate.

At this level, a combination of types, incidents and patterns of abuse, together with a consideration of other relevant factors, mean that that the applicant’s overall experience would not be appropriately reflected by a Level 1 payment.

Redress Payment Level 3 £60,000

Applicants at this level will have suffered one or more type(s) of abuse and the time spent in the relevant care setting(s) where the abuse occurred is likely to have been a number of years.

At this level, a combination of types, incidents and patterns of abuse, together with a consideration of other relevant factors, mean that the applicant’s overall experience is not appropriately reflected by a Level 1 or 2 payment.

Redress Payment Level 4 £80,000

Applicants at this level will have suffered one or more type(s) of abuse and the time spent in the relevant care setting(s) where the abuse occurred is likely to be a significant proportion of childhood.

At this level, a combination of types, incidents and patterns of abuse, together with a consideration of other relevant factors, mean that the applicant’s overall experience is not appropriately reflected by a Level 1, 2 or 3 payment.

Redress Payment Level 5 £100,000

Applicants at this level will have suffered one or more type(s) of abuse and the time spent in the relevant care setting(s) where the abuse occurred is likely to be a significant proportion of childhood.

At this level, a combination of types, incidents and patterns of abuse, together with a consideration of other relevant factors, mean that the applicant’s overall experience is not appropriately reflected by a Level 1, 2, 3 or 4 payment.

Sexual Abuse

Redress Payment Level 1 £20,000

• Exposure to harmful sexual behaviours causing fear, distress and alarm. These behaviours may include, for example:
  • voyeurism, or exposure to sexual images or materials.
  • instances of the use of sexualised language or gestures in front of a child.
  • incidents of sexual touching over clothing.

Redress Payment Level 2 £40,000

• A single incident of non- penetrative sexual touching under clothing or bedding.
• Repeated exposure to abusive sexual behaviours, such as the child being encouraged to behave in a sexual way.

Redress Payment Level 3 £60,000

• An incident of sexual abuse involving masturbation and/or being forced to carry out masturbation.
• Repeated incidents of non-penetrative sexual touching under clothing or bedding
• An incident of being forced to engage in sexual activity with other children.
• Being the subject of indecent images of a child.

Redress Payment Level 4 £80,000

• Repeated incidents of sexual abuse involving masturbation and/or being forced to carry out masturbation.
• Repeatedly forced to engage in sexual activity with other children
• Being the subject of indecent images of a child that are shared and/or circulated to others.
• One incident of sexual abuse involving a penetrative act (including oral, vaginal, anal rape and sexual assault with an object).

Redress Payment Level 5 £100,000

• Repeated incidents of sexual abuse involving penetrative acts (including oral, vaginal or anal rape and sexual assault with an object).
• Being trafficked for the purpose of sexual abuse while resident in the care of the relevant care setting in Scotland.

Physical Abuse

Redress Payment Level 1 £20,000

• Physical abuse carried out in connection with day to day care needs.
• Infrequent incidents of physical abuse including striking (with or without an implement), shaking, throwing, kicking, or similar conduct, which may or may not have caused injury. This includes incidents where the physical abuse was corporal punishment or physical chastisement that by the standards of the time was excessive, arbitrary or cruel, and was not within acceptable norms and regulations.

Redress Payment Level 2 £40,000

• Repeated incidents of physical abuse including striking (with or without an implement), shaking, throwing, kicking, or similar conduct, (which may or may not have caused injury). This includes incidents where the physical abuse was corporal punishment or physical chastisement that by the standards of the time was excessive, arbitrary or cruel and was not within acceptable norms and regulations.
• A single incident of physical abuse including striking (with or without an implement), shaking, throwing or kicking, or similar conduct, causing injury of a nature which received, or ought to have received, medical treatment.

Redress Payment Level 3 £60,000

• Repeated incidents of physical abuse including striking (with or without an implement), shaking, throwing or kicking, or similar conduct, causing injury which received, or ought to have received, medical treatment.
• Physical abuse at this level may also include single incidents of physical abuse involving scalding, burning, stabbing, drowning, poisoning, and suffocating which may or may not have caused injury.

Redress Payment Level 4 £80,000

• Physical abuse causing severe injury which received, or ought to have received, medical treatment and which may or may not have resulted in permanent impairment or disfigurement.
• Physical abuse at this level may include the full spectrum of abusive behaviours including striking (with or without an implement), shaking, throwing, kicking, scalding, burning, stabbing, drowning, poisoning, suffocating or other conduct.

Redress Payment Level 5 £100,000

• Physical abuse causing severe injury and/or was potentially life threatening, which received, or ought to have received, medical treatment. It is likely that the abuse resulted in permanent impairment or disfigurement.
• Physical abuse at this level may include the full spectrum of abusive behaviours including striking (with or without an implement), shaking, throwing, kicking, scalding, burning, stabbing, drowning, poisoning, suffocating or other conduct.

Emotional Abuse

Redress Payment Level 1 £20,000

• Persistent, verbal abuse, such as demeaning or humiliating comments impacting on identity and self-esteem such as continued name calling, racist or discriminatory treatment, use/misuse of religion or religious practices to exert coercive control, derogatory remarks about the child’s family and how the child came to be in care and their life chances after care.
• Emotional abuse at this level may also include the deliberate separation of a child from their siblings and refusal of any requests from family members for contact or communication.
• Emotional abuse in connection with basic day to day care needs such as:
  • humiliating and/or degrading practices around bathing;
  • humiliating and/or degrading practices around bed wetting; or
  • humiliating and/or degrading practices around force feeding.
• Regularly being forced to carry out chores or other activities unreasonable for the age and capacity of the child at the time or the nature of that work being abusive and distressing in itself.
• Witnessing the abuse of other children and living in a climate of fear.

Redress Payment Level 2 £40,000

• Persistent emotional abuse, which together with its duration and frequency, take it beyond the type of emotional abuse described at Level 1.
• Frequently forced to engage in the physical or emotional abuse of other children.

Redress Payment Level 3 £60,000

Severe emotional abuse over a significant period of time.

Redress Payment Level 4 £80,000

• Sustained, severe emotional abuse of an extent and duration that is not adequately reflected at previous levels.

Redress Payment Level 5 £100,000

Sustained, severe emotional abuse of an extent, duration and frequency that take it beyond the type of abuse described at Level 4.

Neglect

Redress Payment Level 1 £20,000

• Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs or failure to respond to basic emotional needs. There can also be single instances of neglectful behavior that cause significant harm.
• Examples of neglect may involve:
  • failing to provide adequate food, shelter and clothing,
  • failing to protect a child from physical harm or danger,
  • failing to ensure access to appropriate medical care or treatment,
  • causing sleep disturbance as a form of punishment,
  • being locked in rooms/cupboards,
  • being shut outside for long periods without care and inadequate clothing for winter.
  • Failure to provide a safe and nurturing environment
• A continuous or intermittent pattern of failure to provide adequate emotional support, education, leisure and play. It may also include failure to support/encourage a child to develop as an individual or pursue their personal or cultural beliefs and preferences.

Redress Payment Level 2 £40,000

Severe neglect, e.g. actions which go beyond the types of neglect described at Level 1.

Redress Payment Level 3 £60,000

• Severe neglect over a significant period of time.

Redress Payment Level 4 £80,000

• Sustained, severe neglect of an extent and duration that is not adequately reflected at previous levels.

Redress Payment Level 5 £100,000

Sustained, severe neglect of an extent, duration and frequency that take it beyond the type of abuse described at Level 4.