Redress For Survivors (Historical Child Abuse In Care) (Scotland) Act 2021 - waiver, contributions and other routes to redress: statutory guidance – updated August 2024

Other routes to redress and justice which can be pursued after accepting an offer of redress

Reporting abuse to the Police

29. The redress scheme is completely independent of the criminal justice system and waivers do not affect criminal proceedings. Applicants and potential applicants, will remain able to report abuse to the police. When such abuse is reported to the police it will carry out an initial investigation. If there is enough evidence, then a report may be submitted to the Crown Office and Procurator Fiscal Service (COPFS) for consideration. A procurator fiscal (prosecution lawyer working for COPFS), will assess the evidence. If there is enough evidence the procurator fiscal will decide what action to take, if any, in the public interest. It is understood that it may be difficult for an applicant to do this. To support applicants through this process, case workers will be able to explain to survivors how to go to the police to make a report of abuse if that is what they want to do.

30. Applicants should note that, under section 87(4) of the Act, the Scottish Government and Redress Scotland are required to disclose relevant information to the police where it is considered that it is (a) reasonably necessary: to allow the investigation of an offence involving the abuse of the child and (b) in the public interest. If an applicant names someone who has abused children, case workers will pass their name and the applicant’s details to the police. A case worker will contact the applicant before the information is sent to the police.

31. In these circumstances, the relevant information must be disclosed to the police to enable them to investigate a criminal offence. This obligation also applies to panel members and staff of Redress Scotland and staff of the Scottish Government. Further detail on how this information will be shared with the police is included in the Privacy Notice which accompanies the application form. Following receipt of this information, the police can also assess any risks that person may currently pose.

Giving evidence to the Scottish Child Abuse Inquiry

32. Survivors may also want to tell the Scottish Child Abuse Inquiry about the abuse they suffered. Survivors can get in touch with the Inquiry via their website. They can do this at any time. Case workers will be able to provide survivors with more information if this is something they are interested in doing.

Raising civil proceedings against an organisation which has not contributed to the scheme

33. If an applicant successfully applies to the redress scheme and accepts a redress payment offer, that applicant will continue to have the right to raise or to continue civil proceedings against any organisation which is not on the scheme contributor list at the time of their determination by Redress Scotland. This is however subject to the note below on pre-1964 survivors.

34. If an applicant wishes to explore their options in relation to raising civil proceedings, they should seek independent legal advice. Legal advice relating to these proceedings will not be funded by the Scottish Government, as it is not advice being given within the remit of making an application to the scheme. Legal aid may however be available. Further information on how to access legal aid can be found online.

Pre-1964 survivors - the impact of The Limitation (Childhood Abuse) (Scotland) Act 2017

35. Prior to 2017, a claim for personal injuries for childhood abuse generally had to be made within three years from the time of the injury or the survivor's 16th birthday. The Limitation (Childhood Abuse) (Scotland) Act 2017 ("the 2017 Act") provided the option of civil proceedings for significantly more survivors by removing the time bar on personal injury claims for damages in respect of childhood abuse.

36. However, the 2017 Act only applies to abuse which occurred on or after 26 September 1964. For those who experienced abuse wholly before that date the financial redress scheme may be the only way in which they can have their harm publicly acknowledged and recognised.