Part 1.1 Purpose and Principles of the Financial Redress Scheme
1. We are considering the following wording to describe the purpose of financial redress: “to acknowledge and respond to the harm that was done to children who were abused in care in the past in residential settings in Scotland where institutions and bodies had long-term responsibility for the care of the child in place of the parent”. What are your thoughts on this? Do you agree?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Please explain your answer. If no, what are your thoughts on purpose?
The wording is clear.
2. We are considering the following as guiding principles:
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Part 1.2: Eligibility for the Financial Redress Scheme
3. Do you agree with the proposed approach in relation to institutions and bodies having long term responsibility for the child in place of the parent?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
4. Subject to the institution or body having long term responsibility for the child, do you agree that the list of residential settings should be the same as used in the Scottish Child Abuse Inquiry’s Terms of Reference?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
5. Where parents chose to send children to a fee paying boarding school for the primary purpose of education, the institution did not have long-term responsibility in place of the parent. Given the purpose of this redress scheme, applicants who were abused in such circumstances would not be eligible to apply to this scheme. Do you agree?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
6. Where children spent time in hospital primarily for the purpose of medical or surgical treatment, parents retained the long-term responsibility for them. Given the purpose of this redress scheme, applicants who were abused in such circumstances would not be eligible to apply to this scheme. Do you agree?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
7. We intend to use the same definition of abuse as the Limitation (Childhood Abuse) (Scotland) Act 2017 for the purpose of the financial redress scheme. This includes sexual abuse, physical abuse, emotional abuse and abuse that takes the form of neglect. Do you agree?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
8. In our view 1 December 2004 represents an appropriate date to define ‘historical’ abuse for this financial redress scheme. Do you agree?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
10. Do you have any comments about the eligibility of those with a criminal conviction?
Do you have any comments about the eligibility of those with a criminal conviction?
Those with a criminal conviction should not be excluded. Many of those with criminal covictions were damaged in care and many have mental health issues.
Part 1.3: Payment Structure, Evidence and Assessment
13. Do you think the redress scheme should have the power, subject to certain criteria, to require that bodies or organisations holding documentation which would support an application are required to make that available?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
14. For Stage One, what evidence do you think should be required about the abuse suffered?
| A signed declaration by the applicant that they suffered abuse, but no other supporting evidence Yes Radio button: Checked Yes | A signed declaration by the applicant that they suffered abuse, but no other supporting evidence No Radio button: Not checked No |
| A short written description of the abuse and its impact Yes Radio button: Not checked Yes | A short written description of the abuse and its impact No Radio button: Not checked No |
| Any existing written statement from another source which details the abuse in care Yes Radio button: Not checked Yes | Any existing written statement from another source which details the abuse in care No Radio button: Not checked No |
16. For Stage Two, what additional evidence of the abuse, and of its impact, should be required for the individual assessment?
| Any existing written statement from another source which details the abuse Yes Radio button: Checked Yes | Any existing written statement from another source which details the abuse No Radio button: Not checked No |
| Oral testimony of abuse and its impact Yes Radio button: Checked Yes | Oral testimony of abuse and its impact No Radio button: Not checked No |
| Short written description of the abuse and its impact Yes Radio button: Not checked Yes | Short written description of the abuse and its impact No Radio button: Not checked No |
| Detailed written description of abuse suffered and its impact Yes Radio button: Not checked Yes | Detailed written description of abuse suffered and its impact No Radio button: Not checked No |
| Documentary evidence of impact of the abuse - Existing medical and/or psychological records Yes Radio button: Checked Yes | Documentary evidence of impact of the abuse - Existing medical and/or psychological records No Radio button: Not checked No |
| Documentary evidence of impact of the abuse - New medical and/or psychological assessment Yes Radio button: Not checked Yes | Documentary evidence of impact of the abuse - New medical and/or psychological assessment No Radio button: Not checked No |
| Supporting evidence of the abuse/impact from a third party Yes Radio button: Checked Yes | Supporting evidence of the abuse/impact from a third party No Radio button: Not checked No |
18. Do you think applicants should be able to give oral evidence to support their application?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
19. Do you have any views on whether the length of time in care should be factored into the Stage Two assessment?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
22. Do you think:
| the redress payment is primarily for the abuse suffered Yes Radio button: Checked Yes | the redress payment is primarily for the abuse suffered No Radio button: Not checked No |
| the redress payment is primarily for the impact the abuse has had Yes Radio button: Checked Yes | the redress payment is primarily for the impact the abuse has had No Radio button: Not checked No |
| both the abuse suffered and the impact it has had should be treated equally Yes Radio button: Checked Yes | both the abuse suffered and the impact it has had should be treated equally No Radio button: Not checked No |
24. Do you agree that anyone who has received a payment from another source for the abuse they suffered in care in Scotland should still be eligible to apply to the redress scheme?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
25. Do you agree that any previous payments received by an applicant should be taken into account in assessing the amount of the redress payment from this scheme?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
26. Do you agree applicants should choose between accepting a redress payment or pursuing a civil court action?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Part 1.4: Making an Application
27. We are proposing that the redress scheme will be open for applications for a period of five years. Do you agree this is a reasonable timescale?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
28. Should provision be made by the redress scheme administrators to assist survivors obtain documentary records required for the application process?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
29. In your view, which parts of the redress process might require independent legal advice? Please tick all that apply.
Please select all that apply
Checkbox:
Unticked
In making the decision to apply
Checkbox:
Ticked
During the application process
Checkbox:
Ticked
At the point of accepting a redress payment and signing a waiver?
Part 1.5: Next-of-Kin
31. What are your views on our proposed approach to allow surviving spouses and children to apply for a next-of-kin payment?
What are your views on our proposed approach to allow surviving spouses and children to apply for a next-of-kin payment?
This should happen.
32. We are considering three options for the cut-off date for next-of-kin applications (meaning that a survivor would have had to have died after that date in order for a next-of-kin application to be made). Our proposal is to use 17 November 2016.
| 17 December 2014 - the announcement of the Scottish Child Abuse Inquiry Yes Radio button: Not checked Yes | 17 December 2014 - the announcement of the Scottish Child Abuse Inquiry No Radio button: Not checked No |
| 17 November 2016 – the announcement of the earlier consultation and engagement work on the potential provision of financial redress Yes Radio button: Checked Yes | 17 November 2016 – the announcement of the earlier consultation and engagement work on the potential provision of financial redress No Radio button: Not checked No |
| 23 October 2018 – the announcement that there would be a statutory financial redress scheme in Scotland Yes Radio button: Not checked Yes | 23 October 2018 – the announcement that there would be a statutory financial redress scheme in Scotland No Radio button: Not checked No |
34. What are your views on the proportion of the next-of-kin payment in relation to the level at which the redress Stage One payment will be set in due course?
Please select one item
Radio button:
Unticked
25%
Radio button:
Unticked
50%
Radio button:
Unticked
75%
Radio button:
Ticked
100%
Part 1.6: Financial Contributions
35. We think those bearing responsibility for the abuse should be expected to provide financial contributions to the costs of redress. Do you agree?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
36. Please tell us about how you think contributions by those responsible should work. Should those responsible make:
| an upfront contribution to the scheme Yes Radio button: Checked Yes | an upfront contribution to the scheme No Radio button: Not checked No |
| a contribution based on the number of applicants who come forward from their institution or service Yes Radio button: Not checked Yes | a contribution based on the number of applicants who come forward from their institution or service No Radio button: Not checked No |
| another approach to making a financial contribution to the redress scheme costs? Yes Radio button: Not checked Yes | another approach to making a financial contribution to the redress scheme costs? No Radio button: Not checked No |
38. Should the impact of making financial contributions on current services be taken into account and if so how?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
43. Should there be consequences for those responsible who do not make a fair and meaningful financial contribution?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Part 2.1: Decision-Making Panel for Redress
45. Do you agree that the decision making panel should consist of three members?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
46. Do you agree that the key skills and knowledge for panel members should be an understanding of human rights, legal knowledge, and knowledge of complex trauma and its impact?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
47. We propose that a Survivor Panel be established to advise and inform the redress scheme governance and administration, ensuring survivor experience of the application process is considered as part of a culture of continuous improvement. Do you agree?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Part 2.2: Public Body
48. Do you agree that the financial redress scheme administration should be located in a new public body?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Part 2.3: Wider Reparations
52. Do you agree that it would be beneficial if the administration of these elements were located in the same physical building?
Do you agree that it would be beneficial if the administration of these elements were located in the same physical building?
yes
53. Should wider reparation be available to everyone who meets the eligibility criteria for the financial redress scheme?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
54. Should there be priority access to wider reparation for certain groups, for example elderly and ill?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
55. If a person is eligible for redress, should they have the same or comparable access to other elements of reparation whether they live in Scotland or elsewhere?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
58. Do you think a personal apology should be given alongside a redress payment?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
59. Do you think there is a need for a dedicated support service for in care survivors once the financial redress scheme is in place?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
About you
Are you responding as an individual or an organisation?
Please select one item
(Required)
Radio button:
Ticked
Individual
Radio button:
Unticked
Organisation