Amendment 5: Redress for Survivors (Historical Child Abuse in Care) (Scotland) Bill: Stage 3
Amendment 5, which is the principal amendment, is fairly lengthy, but it is self-explanatory. It will require ministers to prepare and publish a “summary of options”, or statement, that sets out information on which options are available to individuals in connection with their specific applications; the support and assistance that is available to them, including the funding for legal advice that is available under the scheme; and any alternative routes that are available to them outside the scheme. That approach is similar to the approach in the “Victims’ code for Scotland”, which has proved to be very helpful in our criminal justice system. Further amendments in the group will ensure that the information is available to applicants at each step of the process.
The statement must detail the options and the support and assistance that are available to people, and it must give guidance and advice on making, pausing and withdrawing an application; on accepting an offer of a redress payment, including the timescales for doing so; importantly, on the effect of signing a waiver, which we will come to later; and on requesting a review of a determination by redress Scotland in the event that someone is unhappy with the offer that is made. The statement must go on to state the importance of obtaining independent legal advice, specifically before the applicant accepts the offer of a redress payment or signs a waiver.