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

Things to take into account when considering abandoning ongoing civil proceedings to accept a redress payment

18. It will be for applicants to decide whether or not they should abandon (not continue) ongoing civil proceedings to accept a redress payment. The Scottish Government and Redress Scotland cannot provide applicants with advice in relation to this decision.

19. If an applicant has entered into an agreement with a solicitor, the details of this agreement should be discussed with their solicitor to make sure that before a decision is made by the applicant, they are fully aware of the consequences of abandoning ongoing civil proceedings. This should include being aware of any potential fees that the applicant may be charged by their solicitor in the event that an applicant chooses to abandon their existing civil proceedings.

20. There is helpful information about dealing with a solicitor on the Law Society of Scotland website.

21. Potential applicants to the scheme are entitled to continue any ongoing civil proceedings and then apply for redress. However, it is worth taking the following into consideration:

• any payments received by an applicant through civil proceedings will be deducted from any redress payment made to the applicant, and
• the redress scheme will be open for whichever is later ; 7 December 2026; or two years following the publication of the Scottish Child Abuse Inquiry's final report. Any civil proceedings would need to be completed and an application submitted prior to the closing of the scheme.