Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021: statutory guidance - eligibility

Footnotes

1. This further guidance on the meaning of these terms is based on the National Guidance for Child protection in Scotland 2021 (national-guidance-child-protection-scotland-2021 (1).pdf), but has been subject to appropriate modification to reflect the context of the redress scheme.

2. For example, Case Study no. 2 The provision of residential care for children in Scotland by the Sisters of Nazareth between 1933 and 1984 in the Nazareth Houses in Aberdeen, Cardonald, Lasswade, and Kilmarnock Evidential Hearings: page 23

3. The Policy Memorandum for the Bill explains the underlying rationale for the definition of "relevant care setting" as follows:

"81. In broad terms, the scheme aims to cover two categories of care setting in Scotland. The first category concerns children who were "in care" because their families (including extended families) were unable to look after them on a day to day basis and, in consequence, the children required to be placed in an institutional care setting (for example, residence in a children's home provided by a public authority or voluntary organisation) or other public care setting (for example, residence with foster carers). The second category concerns children who were subject to some form of intervention by a body exercising public functions (for example, where a court order placed a child in an approved school, or arrangements were made by a local or education authority in relation to the boarding of children in schools not managed by that authority and the authority met the costs of that).

82. Consistent with that aim, the scheme is not therefore intended to cover arrangements where a child resided with their family or extended family (such as, for example, kinship care arrangements), nor private arrangements by which a child came to reside somewhere other than with a family or extended family member and which were not instigated primarily as a result of arrangements made in exercise of public functions (such as, for example, private fostering or private healthcare arrangements). In this context, "public functions" should be understood as including functions exercised by both public authorities and voluntary organisations exercising functions in relation to the safeguarding or promotion of the welfare of the child or the protection or furthering of the child's interests. The inclusion of such voluntary organisations reflects the evolution of "the state" over the period in question".