Redress Schemes Explained by Abuse Solicitors

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Hywel Thomas Profile Picture
Hywel Thomas

Senior Associate Solicitor, Abuse

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In recent years, various Redress Schemes have been introduced to compensate, or provide redress, to people who have suffered abuse in certain institutions or at the hands of certain individuals.

Schemes are usually set up on a voluntary basis by organisations when they realise that they may receive multiple claims for harm suffered following abuse at an institution or institutions in their control, or abuse by someone who worked or volunteered for them.

What Exactly is a Redress Scheme?

Redress schemes are a way of providing compensation, counselling, support or an apology or other remedy. They are set up to make the process simpler and less challenging for applicants than bringing a civil claim for damages. They can be used as an alternative to a civil claim or in some cases can be run alongside each other. Redress schemes are becoming increasingly common as, for many survivors of abuse, this is a preferable process.  Plus, for those setting up the scheme it is a means of providing redress to those who are eligible in a quicker way that usually costs less in the long term.

It's important to know that redress schemes have their own terms and conditions, and these vary widely for example in terms of compensation and the time limits for submitting a claim to the Scheme. All schemes need applicants to prove that they are eligible to apply, and eligibility will vary from scheme to scheme.

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How do I Apply to a Redress Scheme?

Every Redress Scheme operates differently, so you will need to check the rules for the one that you wish to apply to.

When submitting an application, you will have to agree to the terms and conditions of the scheme. The usually involves submitting evidence in support of the application, which could include providing records, reports or witness statements. Following this, an offer may be made. It will be up to you whether to accept or reject the offer.Some schemes will have a review or appeal process included. Our lawyers can talk you through the whole process and advise on whether this is a reasonable offer under the terms of that scheme.

All schemes will have a cut-off date that applications need to be submitted by. We are aware of numerous schemes that remain open and have forthcoming cut off dates and others, such as the Church of England Redress Scheme, and the Scheme set up by the Estate of Michael Studdert being the latest ones at the time of writing this article.

If there are any other requirements, the Redress Scheme will make you aware of this at the time of your application. But if you’re not sure on what is involved, we can help to clear this up for you. Get in touch with our team of Abuse Solicitors today to discuss your case and whether you’re likely to be eligible.

The team at Simpson Millar has extensive experience of successfully bringing claims under numerous redress schemes over many years including:

Is There a Time Limit?

Most Redress Schemes do have a time limit, but some do not. 

To find out more about how this applies to your situation, speak with one of our experts who will discuss your options and offer advice on how we may be able to help.

How can Abuse Solicitors Help?

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?
  • What happens if I am compensated though both a CICA and a redress scheme?

Child Abuse Redress Scheme

In May 2023, following a recommendation by the IICSA (Independent Inquiry into Child Sexual Abuse), the Home Office announced that a Child Sexual Abuse Redress Scheme is to be established in England.

The Redress Scheme looks to acknowledge the institutional failures that allowed children to suffer abuse. It will provide an alternative route to seeking compensation for anyone who has suffered child abuse and is unable to claim compensation through the civil courts.

To help establish this Redress Scheme, the government will work closely with many charities and organisations that offer support to victims of child abuse, to make sure that the scheme is set up properly.

As a result of the recommendations by IICSA, it will soon be a legal requirement for everyone who works with children and young people to report any signs of suspected child abuse.

How Simpson Millar Can Help You

The team at Simpson Millar has extensive experience of successfully bringing claims under numerous redress schemes including the ones mentioned above.

Manchester City Football Club Scheme

In 2016, Manchester City completed a review of how Barry Bennell, a former youth coach, used the football club to facilitate the child abuse. Other serious allegations were made to other authority figures within the Club.

Later in 2019, Manchester City Football Club launched a Redress Scheme to help offer compensation to the survivors.

In addition to compensation, the Club will also offer an apology and cover the cost of counselling that may be needed. This offers an alternative to civil claims that can otherwise be very lengthy and costly, providing as much relief as possible for the victims.

Medomsley Detention Centre Scheme

In 2021, the Ministry of Justice created the Medomsley Detention Centre Redress Scheme, to help the victims of abuse get the compensation that they deserve.

While the scheme previously had a cut-off date of 31st December 2021, this was later extended due to the number of applicants who missed the deadline. The cut-off date was reviewed in January 2023, allowing other victims of abuse to seek compensation.

Aston Hall Scheme

Aston Hall, a hospital in Derbyshire, was open until the 1990s. In 2011, patients made claims of abuse during their time at the hospital such as sexual assault and given medication without consent that caused psychological injuries.

There were also claims that children were given sodium amytal, without authorisation, and then abused while under the influence of the substance.

A Redress Scheme was introduced after the Secretary of State for Health agreed to establish the scheme. The Redress Scheme will work based on a tariff, starting from £8,000.

If you can prove that you were given one treatment of sodium amytal, you may be able to claim £8,000. If you were given between 2-5 treatments of the same substance, you may be able to claim an extra £2,500 per additional treatment.

For anyone who received 6-15 treatments, they can claim £1,500 per treatment. The compensation amount is capped at a maximum of £50,000.

Simpson Millar has extensive experience with representing people through various Redress Schemes. If you think you may be affected, please contact our expert team today.

We can provide you with further information on any of the Redress Schemes that are operational and offer advice on whether you would be eligible to bring a claim.

References:

Aston Hall: Victims criticise government’s compensation deal. (2019). BBC News. [online] 15 Aug. Available at: https://www.bbc.co.uk/news/uk-england-derbyshire-49332902

Doughty, S. (2022). Medomsley abuse compensation scheme reopens. [online] Chronicle Live. Available at: https://www.chroniclelive.co.uk/news/north-east-news/medomsley-detention-centre-abuse-compensation-24486119

GOV.UK. (n.d.). Child sexual abuse redress scheme to be established. [online] Available at: https://www.gov.uk/government/news/child-sexual-abuse-redress-scheme-to-be-established

Legislation.gov.uk. (2015). Legislation.gov.uk. [online] Available at: https://www.legislation.gov.uk/primary+secondary

Sky Sports. (n.d.). Manchester City launch redress scheme for child sex abuse victims. [online] Available at: https://www.skysports.com/football/news/11679/11662814/anchester-city-launch-redress-scheme-for-child-sex-abuse-victims [Accessed 7 Nov. 2023]

MCFCEditorial, (2021). STATEMENT FROM MANCHESTER CITY FC BOARD OF DIRECTORS. [online] Mancity.com. Available at: https://www.mancity.com/news/club/statement-from-manchester-city-fc-board-of-directors-63751576

Hywel Thomas Profile Picture

Hywel Thomas

Senior Associate Solicitor, Abuse

Areas of Expertise:
Abuse Claims

With a background in Personal Injury Claims and Criminal Injury Compensation Claims, Hywel started specialising in Abuse Claims in 2001. Over the years, he has seen the area of abuse law evolve, presenting new challenges and learning opportunities. He has tackled cases against diverse groups, from local authorities to private schools, charities, medical organisations, and even individuals.

His passion for understanding psychological injuries led him to this area of Law.  Hywel's work extends beyond seeking financial compensation for his clients; he focuses on helping victims and survivors access support, making a real difference in their healing process. He values each client's unique motivations, ensuring they achieve what they desire through the legal process.

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