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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 25 November 2024
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Displaying 1467 contributions

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Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

We will keep that under review, but I am confident. The number of applications that I shared in response to Mr Dey’s question were the numbers for November, when none of the new caseworkers were contributing, because some were still being recruited and some were in training. A lot of that training was also going on in December. We will only now, in January, begin to feel the benefit of the 23 caseworkers, so I expect the numbers that I put on the record in response to Mr Dey—the number of applications going from 26 to 66 a month—to increase in the coming months.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

We are prioritising applications from people who have a terminal illness or who are over the age of 68. We utilised those two criteria in the advance payment scheme that we put in place in advance of establishing Redress Scotland, when we used the general powers that were available to the Government to put in place a temporary scheme, and we continue to apply them.

Although they might not have been allocated a caseworker, we have started a process of calling individuals to tell them that we have their application and it is being looked at. We are contacting individuals in a way that was not done in the beginning, as we recognise that there was a gap. People submitted their application and then there was a bit of a vacuum.

We put in that call to people within six weeks of the application being submitted so that they know that it has been recognised and is going through the process but that it might be some time before we get to it. As I say, I believe that we now have more momentum within the system, but we are yet to see the fruits of the recruitment of the additional caseworkers.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

Definitely.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

There is a difficulty there, because it is inevitable that, in the scheme, we will, unfortunately, need survivors to recount what has happened. That is unavoidable and inescapable in the scheme. That will come at a particular moment in the handling of the application, which is why we need to have the right people to properly handle that process with applicants. Regrettably, there is an inevitability about some of that because of the nature of the scheme. We are trying to address things that should never have happened in people’s lives, so that will be traumatic and painful. We try to reduce that to the minimum level possible, but it is an inevitable part of the scheme, unfortunately.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

We will gather that information from our dialogue with survivors, and that dialogue is broader than simply the Redress Scotland process, if I can call it that. The discussion about the waiver acknowledges that there will be a group of people who decide that, because of the presence of the waiver, the scheme is not for them. Therefore, for us to provide as complete a picture as we can, we have to be cognisant of what those who are looking at the scheme and coming to the conclusion that it is not for them—because, for example, of the presence of the waiver—are considering about the scheme, and then we must formulate a position that reflects all of that information.

There will be applicants who will consider whether it is appropriate for them to sign the waiver once they see the proposition that comes to them from Redress Scotland, and it is important for us to gather that information and to reflect on that in the progress report that we undertake.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

Given that we have completed and passed to Redress Scotland 345 applications, it is quite difficult to draw out patterns of opinions at this stage. Redress Scotland has made 277 redress determinations, and 255 applicants have already made a decision to accept their offer. A period of six months is given to an applicant to consider whether they wish to accept the application, so, according to that data, applicants in 22 cases have not yet decided to accept the offer. I am making an assumption that they are considering whether it is appropriate, and I imagine that the waiver will be part of their considerations.

Given the interest in the answers to those questions, we will endeavour to provide as much detail as we can in the 18-month report about the attitudes and views about the waiver and its significance.

I hope that that reassures the committee that the overwhelming majority of applicants see the proposition that comes to them as something that they are prepared to accept. I appreciate that I am making an assumption, based on that data. We probably have to interrogate applicants’ views and attitudes to conclude on that position.

09:45  

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

It is a developing picture. I have put on the record the fact that we have made redress payments of just short of £11.4 million. We will just need to see how that develops. The data is there to be monitored against our original expectations, but, for this scheme, as I think that I acknowledged when we were looking at the bill’s financial memorandum, it was not possible to be absolutely certain about the cost. We made our best attempt to provide an evidence base, based on international experience. However, we live in Scotland, and it will be what it will be in relation to the applicants who come forward.

Obviously, it is appropriate and important that I continue to inform the committee about the development of payments as a matter of public record. If the committee wishes to reflect to me what information it wants to see regularly, I will happily supply that in letters to the convener to give the committee an update on that or any other information that is relevant to the committee’s deliberations.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

I invite Gillian Nixon to explain.

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

I am not sure that I would know what—

Education, Children and Young People Committee

Redress Scheme

Meeting date: 12 January 2023

John Swinney

I am grateful for the opportunity to update the committee on the progress of Scotland’s redress scheme, now it has completed its first full year of operation.? The scheme is delivering tangible redress in the form of acknowledgement, payment, apology and support to people who suffered abuse as children in the care of the state.

Scotland’s redress scheme opened in December 2021.?As of 31 December 2022, 1,960 applications of various levels of completion have been received;? 345 initial applications have been completed, verified and passed to Redress Scotland for independent decision making; and 277 initial determinations have been made. Payments totalling £11,368,373 have been issued directly to applicants.? Although those figures are heartening and demonstrate good progress, there is more work to be done, and feedback from survivors and their representatives is continuing to shape the scheme.?

Redress payments are not dependent on contributions from any organisation, and organisations are not compelled to contribute.? When the scheme launched, 10 organisations were contributing to the scheme. That figure is now 16, with potential contributions totalling £122 million. In December, I wrote to each applicant to reassure them of my on-going personal commitment to the scheme and to reiterate its three principles, which are compassion, dignity and respect.? I understand that some applicants are experiencing challenges in accessing records to support their applications and that some are finding that the process is taking longer than they had anticipated.? Those concerns have been heard and are being responded to.

The number of case workers who are supporting survivors or their next of kin to complete applications has increased from 12 to 23 since the scheme launched, in December 2021. That will mean that there is swifter allocation of a named case worker to people who have completed applications that are ready for verification checks. I recognise the need for on-going communication and have assured all applicants, no matter what stage their application is at, that they will receive an update by the end of February and that there will be more regular communication going forward.?

The survivor forum, which was established in March 2022, will increase its activity and provide opportunities for survivors to give their feedback and further shape the scheme. A new group including representatives from the Scottish Government and local authority bodies has been established and will work collaboratively to provide support to applicants to the scheme.? A standing agenda item for the group is access to records and supporting information, and the group will be holding its second meeting in the coming weeks.?

Survivors have told us that the provision of personal acknowledgement and apology is often the most meaningful and important aspect of redress.? So far, the scheme has supported 12 survivors who have requested a personal apology, and that has already been secured for 10 of them. ?Feedback from some survivors who have received an apology has been positive and moving.?

I welcome the on-going interest from the committee, and, more widely, from members of Parliament across the chamber, in the scheme.? I am confident that Scotland’s redress scheme will continue to build upon its successful first year of operation, delivering a robust and credible route to redress in a swifter, less adversarial way than court action. I am committed to ensuring that all the necessary steps for the scheme to be effective are taken and that any improvements that are required are delivered. I am happy to answer members’ questions.