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

Background

4. The redress scheme is designed to be an alternative to civil proceedings before a court (for example via an action for damages). The redress scheme offers survivors a choice to participate in a statutory redress scheme, which will provide a package of financial redress alongside access to non-financial redress including apology and support.

5. In order to give organisations the certainty they need to be able to participate in the scheme, the acceptance and payment of a redress offer is conditional upon the applicant agreeing to abandon (not continue) and give up their right to pursue relevant civil proceedings^[1] against organisations^[2] who have been included in the Redress Scheme contributors list, in accordance with section 14 of the Act (“Scheme contributors”), and as such have agreed to make a fair and meaningful financial contribution to the scheme. This only applies to organisations on the contributors list at the time Redress Scotland make their determination in respect of an application.

6. Section 88 of the Act (Power to share information with third parties), allows the Scottish Ministers or Redress Scotland to share information with scheme contributors to enable contributors to assess whether an individual in receipt of a redress payment has commenced relevant civil proceedings against them in contravention of section 46 of the Act. The scheme contributor to which information is disclosed may only use the information for that specific purpose and can disclose it to a further party, who must also only use it for that specific purpose. For example, a scheme contributor might receive information from Scottish Ministers or Redress Scotland that an applicant has signed a waiver and therefore has agreed to abandon (not continue) any existing relevant civil proceedings and waived any right to raise new civil proceedings, and then share this with their legal representative. The legal representative may only use that information to provide advice to the organisation in question or take appropriate steps to protect the organisation’s legal interests.