Scotland's Redress Scheme - waiver on participation: impact assessment report

Next steps

By considering the contributor list and financial contributions pledged, statistics in relation to applications received and redress payment allocations, alongside the views of providers and legal representatives of survivors, it is our assessment that the waiver has delivered on the three key purposes for which it was included in the Scheme. However, there is more that can be done to continually build on the effectiveness of the Scheme, in relation to the waiver. The following set of actions have risen from the work undertaken to prepare this report:

• It is evident that not all organisations are aware that, were they to join the Scheme as a contributor, they would be able to request information under s.88 of the Act. Work will take place across 2023 and beyond the lifetime of the Scheme to better promote this provision to ensure survivors and providers are aware of this.
• Continue to promote both models of participation with the Scheme, enabling potential contributors to decide which, if any, represents the best approach for them to make a fair and meaningful contribution to the Scheme.
• Ensure non-contributors are kept informed of the number of applications which names a setting they were responsible for as a place of abuse, to enable full and proper consideration of their participation in the Scheme as a contributor.
• Improve engagement and communication with non-contributors who operated settings which may be eligible under the Scheme to ensure they are aware of and are giving consideration to joining the Scheme, in the event of being named in a successful application for redress.
• Continue to promote understanding of the waiver amongst survivors, and at key points during the application process, and continue to emphasise the importance of seeking independent legal advice.
• Whilst the waiver is by its nature a legal document which does need to contain specific information, we will explore whether or not an accompanying information note would improve understanding of the waiver.