Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill: BRIA

2. Consultation

2.1 Within Government

In preparing the Bill, the Redress, Relations, and Response Division, which sits within the Scottish Government’s Children and Families Directorate, engaged with the following internal stakeholders:

Scottish Government

• Third Sector Unit, Directorate for Local Government and Communities
• Survivor Support Team, Directorate for Community Health and Social Care
• Civil Law and Legal System Division, Directorate for Justice
• Looked After Children Unit, Directorate for Children and Families
• Internal Audit – Director General Education, Communities, and Justice
• Local Government Policy and Relationship Unit, Directorate for Local Government and Communities
• Finance Business Partner – Education, Directorate for Financial Management and Health, Directorate for Financial Management
• Improvement, Attainment and Wellbeing Division, Directorate for Learning
• Children and Families Analysis Team, Education Analytical Services, Directorate for Learning
• Social Security Policy Team, Social Security Directorate
• Youth Justice and Children's Hearings Unit, Directorate for Children and Families
• Adult Social Care Policy Team, Directorate for Community Health and Social Care
• Directorate for Safer Communities
• Scottish Procurement and Property Directorate
• Scottish Government Legal Directorate (SGLD)
• National Records of Scotland (NRS)

UK Government

• Government Actuary’s Department (GAD)
• Criminal Injuries Compensation Authority (CICA)
• Department for Work and Pensions (DWP)
• HM Revenue and Customs (HMRC)
• Department for Health and Social Care (DHSC)

Northern Ireland Executive

• Historical Institutional Abuse Implementation Branch, Strategic Policy, Equality and Good Relations Directorate, Executive Office
• Social Security Policy, Legislation and Decision Making Services, Department for Communities

All of the above stakeholders have been engaged from the early stages of formulation of the Bill. Colleagues have provided advice on both current and forthcoming policies and initiatives within their areas of expertise.

Officials working on development of the redress scheme have liaised with relevant policy teams as is necessary to consider eligibility, develop the redress scheme’s approach to non-financial redress, and ensure alignment with existing support services. Relevant policy teams include Survivor Support, Third Sector Unit, and Improvement, Attainment and Wellbeing.

Discussions are ongoing with DWP, HMRC, DHSC, the Northern Ireland Executive, and Scottish Government Social Security Policy to devise appropriate information sharing agreements to underpin application processing and make sure that applicants receiving means-tested social security benefits or other forms of public sector support will not have that support affected by their redress payment.

GAD, Scottish Government Finance, Children and Families Analysis, and Internal Audit have assisted by refining estimates of the number of people likely to be eligible to apply for the scheme, and in developing consideration of financial contributions to the scheme and the resultant financial implications both for the overall scheme and in relation to individual organisations.

In-depth discussions with the Third Sector Unit, the Procurement and Property Directorate, the Civil Law and Legal System Division, and the Scottish Government Legal Directorate enabled Provider Contributions Team colleagues to assess the viability of a range of potential provider contributions models and arrive at a practicable proposal to present to care providers.

Scottish Government Legal Directorate have had a key role throughout development of the Bill in ensuring policy is lawful and anticipates upcoming legislative changes.

2.2 Public Consultation

A public consultation on the detailed design of a statutory financial redress scheme in Scotland, scheme administration issues, and high level views on financial redress as part of a package of wider reparations for survivors, was held between 2 September and 25 November 2019. 280 responses were received overall. Of these, roughly four out of five (82%) were from individuals, while the remainder (18%) were from organisations. Of the individuals who responded, around nine out of ten (91%) identified as a survivor of historical abuse in care. 11 responses were received from current or previous care providers; 13 from local authorities and public sector partnerships; 5 from other public sector bodies; 9 from the third sector, including survivor groups; 9 from legal sector organisations; and 4 from other organisational respondents.

A robust awareness raising and communications strategy was implemented with relevant organisations to help maximise survivor participation. An information phone line was set up to answer questions on the consultation context and process. Participants could take part in the consultation in a range of ways: by filling in the respondent form online; by returning a paper copy of the respondent form by post; or by providing free narrative written or email responses. In further efforts to reduce barriers, the Scottish Government facilitated seven consultation information sessions for survivors and relevant organisations working with survivors.

The responses have been published, where the Scottish Government has

permission to do so, at: https://consult.gov.scot/redress-survivor-relations/financial-redress-historical-child-abuse-in-care/consultation/published_select_respondent.

In addition the Scottish Government has published an independent analysis report which is available at: https://www.gov.scot/publications/financial-redress-historical-child-abuse-care-analysis-consultation-responses/.

2.3 Business

The Scottish Government has contacted a large number of organisations which fall within the eligibility criteria for the redress scheme (as detailed in the Bill), including many which have been selected for investigation by the SCAI.^[9] These organisations have been approached to initiate a programme of engagement concerning the statutory redress scheme and the potential to provide financial contributions. The following table details the organisations with which officials have held meetings since September 2019:

Grant Aided Special Schools

• The Donaldson Trust
• Harmeny Education Trust
• Royal Blind

Third Sector Charities

• The Aberlour Child Care Trust
• Balnacraig School
• Barnardo's
• Dean & Cauvin Young People’s Trust
• Quarriers
• Sailors’ Society
• The Salvation Army

Secure Care

• Rossie Young People’s Trust
• Our Lady of Charity of the Good Shepherd
• Kibble Safe Centre
• Kenmure St Mary’s Boys’ School

Religious Organisations

• (Congregation of the) Poor Servants of the Mother of God
• The English Benedictine Congregation
• CrossReach
• Daughters of Charity of St Vincent de Paul
• (Congregation of) Our Lady of Charity of the Good Shepherd
• The Salesians of Don Bosco UK
• Sisters of Nazareth

The Scottish Government has also held meetings with the following interested parties:

• Convention of Scottish Local Authorities (COSLA)
• Association of British Insurers (ABI)
• The Bishops' Conference of Scotland
• Conference of Religious in Scotland

Other extant organisations contacted by Scottish Government have chosen not to respond to meeting invitations at this time.

In the case of relevant organisations which no longer exist, Scottish Government intends to contact the administrator, successor organisation, or umbrella organisation, if one exists, in due course.

Scottish Government held an information event attended by 31 insurance industry representatives on 31 January 2020.

All meetings with organisations, during the consultation process and thereafter, have helped to inform the policy of the Bill.