Holding Hands For Support

Government Announces National Redress Compensation Scheme for Victims of Child Sexual Abuse

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Nathalie Swanwick

Senior Associate Solicitor & Team Leader, Abuse Claims

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The Home Secretary announced on Monday 22nd of May 2023 that a national redress scheme to compensate victims of child sexual abuse will be introduced in England.

Suella Braverman told broadcasters in 2023 that the aim of the redress scheme will be to “ensure victims and survivors can secure some finality, some acknowledgment of what they have been through and hopefully some closure.”

The final report of the Independent Inquiry into Child Sexual Abuse (IICSA), which was published in October 2022, called for a fixed-term compensation scheme to be implemented for victims of child sexual abuse who have been let down by institutions in the past – which is what has brought on this new redress scheme.The scheme was 1 of 20 recommendations made in the report, but the government has agreed to implement 19 of these in total.

The inquiry said there were issues with current civil justice and criminal compensation schemes which often do not provide the accountability and reparation sought by victims and survivors of child sexual abuse.

The Government said that victims, charities and lawyers will be consulted on areas of the scheme, including who it should support and which institutions should be included in the scheme.

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The Redress Scheme

Liam Goggin, Head of Abuse Law here at Simpson Millar has said on the day of the redress scheme announcement “Today marks an important milestone in the lives of abuse survivors across the country. However, what we need now is further insight into the scheme, as the current information provided by the government is vague and lacks detail.

“While it is absolutely right that the government consult with victims, survivors and charities on a number of areas of the scheme, it’s also absolutely imperative that they do so with urgency and that this matter remains at the very top of the political agenda. The government now need to provide a clear plan of action with timeframes detailing how this scheme will work, which victims and survivors it will include, and when it will be put in place.”

“As the inquiry found, there are fundamental issues with the current civil justice and criminal compensation schemes, which simply do not provide the accountability sought by many of our clients."

"Whilst today's announcement is welcome with the government now committing to a redress scheme, how successful it will be, will be wholly dependent on the detail of the scheme including the scheme being properly resourced."

Our team of Abuse Solicitors have already given input into the proposed redress scheme in February of 2023, when attending a consultation meeting with the Home Office.

We have worked on a range of redress schemes in the past, including schemes set up by London Borough of Lambeth Council, Manchester City Football Club, the Church of England and the Irish Government.

We will provide more information on the proposed scheme as this becomes available. If you have any queries in relation to the scheme or redress schemes in general, please feel free to get in touch.

How Simpson Millar Can Help you

As there is such a variety in the terms of each scheme it is important that you seek legal advice so that you fully understand how the scheme works before you apply. In many cases, the cost of you obtaining legal advice will be covered by a scheme.

If you instruct a solicitor, they will be able to address the following points:

  • Are you eligible to make an application to a scheme?
  • Do you need to obtain any evidence to prove that you are eligible to make an application?
  • How can you submit the strongest application to the scheme?
  • How do you obtain the best evidence to support your application?
  • What are your obligations under the scheme?
  • Is any offer made a reasonable one under the terms of the scheme?
  • Should you apply to review or appeal a decision, and if so, what steps need to be taken?
  • If you accept an offer, do you need to sign a waiver or agreement and if so, what does this mean?
  • Can you also bring a civil claim in respect of abuse you suffered, or does making an application contractually prevent you from doing this?
  • How strong would a civil claim be, and would you be better bringing a civil claim instead of, or in addition to, making an application?
  • What happens if I am compensated though both a civil claim and a redress scheme?
  • Can you also bring a Criminal Injuries Compensation (CICA) claim, or does making an application prevent you from doing this?
  • If I want to bring a CICA claim, do I need to let the CICA know about a redress scheme claim?
  • Can I be compensated though both a CICA and a redress scheme?

 

References:

UK Government. (2023, May 22). Child Sexual Abuse Redress Scheme to be Established. Retrieved from https://www.gov.uk/government/news/child-sexual-abuse-redress-scheme-to-be-established

Independent Inquiry into Child Sexual Abuse (IICSA). (n.d.). Final Report. Retrieved from https://www.iicsa.org.uk/reports-recommendations/publications/inquiry/final-report.html

Simpson Millar. (n.d.). Redress Schemes for Victims of Abuse. Retrieved from https://www.simpsonmillar.co.uk/abuse-claims-solicitors/redress-schemes-for-victims-of-abuse/

UK Government. (2023, May 22). Child Sexual Abuse Redress Scheme to be Established. Retrieved from https://www.gov.uk/government/news/child-sexual-abuse-redress-scheme-to-be-established

Refuge. (n.d.). The Facts. Retrieved from https://refuge.org.uk/what-is-domestic-abuse/the-facts/

Nathalie Swanwick

Senior Associate Solicitor & Team Leader, Abuse Claims

Areas of Expertise:
Abuse Claims

Nathalie is deeply committed to helping survivors both in and out of the courtroom. She fought for justice, representing survivors as part of the Independent Inquiry into Child Sexual Abuse (IICSA). During this inquiry, she collaborated closely with Counsel to explore the much needed changes to the law on limitation, the potential for a national redress scheme, and suggested changes to the current Criminal Injuries Scheme.

She's also very experienced with redness schemes. Nathalie has helped survivors through the Lambeth Redress Scheme and another scheme started by the Estate of Michael Studdert. Additionally, she played a key role in group actions against Manchester City Council, representing survivors who suffered abuse in children’s home in Manchester.

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