Nicola Hogg: Advance payment scheme for victims of abuse now open

The Scottish Government announced details of its Advanced Scheme to compensate victims of abuse in care before December 2004, who are over 70 years of age or terminally ill. A Frequently Asked Questions booklet is available and an Application Form.

The FAQs explain how the scheme will be administered and what information is required for the Government to consider any claims. Compensation is limited to £10,000 and does not necessarily preclude other claims being made of care homes, local authorities, etc.

There has been limited consultation with stakeholders and other interested parties as the Government is keen to compensate older or ill victims who may not live long enough to be compensated under the Redress Scheme to be introduced at a later date. This recommendation stems from a Review Group supported by CELCIS and the SHRC.

The definition of “care” includes children’s homes; foster care, secure care units including List D schools; Young Offenders’ Institutions and Borstals; places provided for Boarded Out children in the Highlands and Islands; state, private and independent boarding schools; state-funded school hostels; healthcare establishments providing long-term care; and any similar establishments intended to provide children with long-term residential care.

The definition of abuse is contained in the Limitation (Childhood Abuse) (Scotland) Act 2017, which refers to “sexual abuse, physical abuse, emotional abuse, and abuse which takes the form of neglect”.

Victims will not be asked to provide any information or detail on the abuse they suffered in care, or any impact it is had on them. Evidence will need to be provided about the victim and confirmation they were in care, the application form requires a declaration to that effect. It is also possible that even where victims have already been compensated by another party they can apply for further compensation from the Scottish Government.

It remains to be seen how quickly claims will be made, or what volume is likely to be received under this Advance Scheme. As the Child Abuse Inquiry continues to examine abuse in care and organisations and public bodies are asked for information it will be appropriate to support victims to make them aware of the scheme and submit a claim.

The Government has an Advance Scheme Group who can be contacted for further information. Telephone: 0808 169 9740 (free call, Monday to Thursday, 10am to 4pm) or email: AdvancePaymentTeam@gov.scot

• Nicola Hogg is a solicitor accredited in child law by the Law Society of Scotland.