Redress Scotland or a historical abuse compensation claim

A redress payment is a financial payment made under Scotland’s Redress Scheme to recognise and acknowledge the harm suffered by survivors of historical childhood abuse while in care in Scotland.  

The scheme applies to abuse that occurred before 1 December 2004 when the survivor was under 18 years old. Redress is intended as tangible recognition of the abuse and its lasting impact.

 Alongside an apology from the Scottish Government, eligible survivors may receive a fixed payment or an individually assessed payment based on the nature, severity, frequency and duration of the abuse. In some circumstances, next of kin may also apply.

For some survivors, Redress Scotland may offer a more straightforward application process, fewer formal evidential requirements and the possibility of receiving payment more quickly.  However, these perceived advantages must be carefully balanced against the long‑term implications.

To qualify for a payment under Scotland’s Redress Scheme, an applicant must have experienced sexual, physical or emotional abuse, or neglect, while under the age of 18 in a relevant care setting in Scotland before 1 December 2004. Eligible settings include children’s homes, foster care, secure accommodation, certain residential schools and other recognised care environments. 

Applicants must provide evidence of their identity and, where possible, evidence of their residence in a qualifying care setting.  In some cases, the next of kin of a deceased survivor may apply.  Applications are assessed to determine whether the eligibility criteria are met and whether a redress payment should be awarded.

To apply for a redress payment, you must complete an application to Scotland’s Redress Scheme and provide information about your time in care and the abuse you experienced. Applications can be made for either a fixed payment or an individually assessed payment. Supporting evidence may be required, and the scheme can help applicants obtain relevant records where available.  

Free practical and emotional support is available throughout the process, including assistance from independent advocacy services.  Applications are considered by Redress Scotland, which makes decisions independently of the Scottish Government. 

Once a Redress Scotland application has been submitted, the process moves forward under the rules of the Scheme. Several different outcomes are possible, each with important implications.

1. The application is refused

Redress Scotland may decide that you are not eligible for a payment. This does not necessarily mean that compensation is no longer possible.  In many cases, survivors who are refused Redress may still be able to pursue a civil compensation claim through the courts or explore other options. If this happens, it is important to seek legal advice as soon as possible so your position can be assessed promptly.

2. A payment is offered and accepted

You may be offered a Redress payment.  Before any payment is released, you will be required to sign a waiver. This waiver permanently gives up your right to raise a civil claim against the responsible individuals or organisations and seek further compensation through the courts in the future.  Once the waiver is signed, the decision cannot be reversed, even if new information later comes to light. This makes it essential to understand the full effect of accepting an offer before doing so.

3. You ask for the offer to be reviewed by a panel

If you believe the initial offer does not properly reflect the abuse you experienced, you can request a panel review. The panel will consider whether a higher payment is appropriate.

At present there is limited guidance on how long panel reviews will take and the criteria used by panels continue to develop.  Decisions may depend heavily on the strength of the information and supporting evidence submitted with the Redress application.

This stage can be particularly difficult to assess without specialist advice, as the panel’s valuation is not benchmarked in the same way as a civil claim.

4. A revised offer is made after panel review

Following a panel review, you may be offered the same amount as before, or a higher Redress payment.  If you accept the revised offer, you will again be required to sign a waiver giving up your right to take civil action. If you choose not to accept the offer, you may still wish to explore alternative options, such as a civil claim, depending on your circumstances.

Processing times for Scotland’s Redress Scheme vary depending on the type and complexity of the application. 

Unfortunately, in practice, applications are currently taking a significant amount of time to progress. Based on recent experience, most individually assessed applications take over 12 months before being assigned to a caseworker. 

Once allocated to a caseworker, they typically proceed to a decision-making panel within a further five to six months. Overall, the total timescale from submission to receipt of a decision and potential award can be around 18 months.  

Priority applications, such as those involving terminal illness or older applicants, are generally dealt with more quickly. These timescales may change depending on application volumes and caseworker capacity.

This is one of the most important questions to consider.

A specialist abuse solicitor will take time to fully investigate your case in order to understand its true value. This can involve obtaining medical records, police and Crown Office documents, care, school or institutional records, court papers and witness evidence.

Without this detailed investigation, it can be difficult to assess whether a Redress offer properly reflects the impact of the abuse you suffered.

Once a Redress application is made, decisions may follow quickly, but those decisions cannot be reversed. This is why seeking advice before applying is so important.