105. It is clear from the Inquiry’s investigations that, over many decades, there have been serious and wide-ranging failures by both State and non-State institutions to protect children from child sexual abuse and exploitation or the risk of such abuse in a broad range of settings. Appropriate and meaningful reparation and redress, including by the State, may help alleviate some of this impact.
106. Acknowledgement that sexual abuse occurred is often an important form of reparation for victims and survivors. Recognition may be provided by individuals, institutions and wider society. Institutions often dismissed or did not sufficiently act on disclosures or reports of abuse, from both children and adults, and refused to meet with victims and survivors. They also responded without compassion or respect, reacted defensively and were driven by concerns about legal liability and reputations rather than concerns for those who have been abused. While some institutions have begun recently to acknowledge the abuse experienced by so many in their care, in many instances this came after decades of poor responses and refusals to acknowledge that child sexual abuse had occurred.
107. Similarly, apologies are a valuable form of reparation for victims and survivors. They must, however, be genuine, meaningful and, if requested, face-to-face. Those apologies that are accompanied by significant change are likely to have the most impact.
108. Some institutions are reluctant to apologise due to concerns that an apology may amount to an admission of liability and be relied upon in civil litigation. In September 2019, the Inquiry recommended that the government should amend the Compensation Act to make clear that institutions may apologise for abuse by persons for whom they may be vicariously liable without those apologies amounting to admissions of legal liability. In March 2021, the government made a commitment to consult on the issue of apologies. No consultation has yet been launched but it is expected to take place in 2022.
109. Some victims and survivors want to be given assurances that the institution would not let child sexual abuse happen to other children. Informing victims and survivors about preventive steps which have been taken to protect children since the abuse occurred can be of real significance. Not only can it reassure the individual who has been abused, but it can also help institutions prioritise the identification of failings in order to prevent future abuse.
110. Victims and survivors are entirely justified in seeking redress. While no amount of money can fully compensate a victim for child sexual abuse, it can provide reparation and help them to access valuable support and therapy.
111. Victims of ‘violent crime’ in England and Wales (as well as Scotland) may be awarded compensation under the publicly funded Criminal Injuries Compensation Scheme. The Interim Report (April 2018) and the Inquiry’s Accountability and Reparations Investigation Report (September 2019) made several recommendations to improve access to the Scheme for victims and survivors of child sexual abuse. Despite these changes, concerns about the Scheme remain. Its continued focus on ‘crime of violence’ fails to take into account that child sexual abuse, particularly online sexual abuse, may occur without physical contact. Under the 2012 Scheme, no award is made to applicants who have unspent criminal convictions for offences that resulted in certain sentences or orders. This fails to recognise the impact of child sexual abuse and, specifically, that abuse may have directly contributed to instances of offending; there is often, for example, a close link between sexual exploitation, grooming and criminal behaviour. There is also a two-year time limit for making a claim. Although this may be extended where there are ‘exceptional circumstances’, such a period is inadequate for victims and survivors of child sexual abuse.
112. The Inquiry therefore recommends further changes in relation to the focus on crimes of violence, the provisions relating to ‘unspent convictions’ and the time limits for applications to the scheme.
The Inquiry recommends that the UK government changes the Criminal Injuries Compensation Scheme to:
113. A single redress scheme has a number of benefits over existing systems of civil justice and criminal compensation in England and Wales, which often do not provide the accountability and reparation sought by victims and survivors of child sexual abuse. Existing systems can be difficult to access and some of the rules may deter or prevent victims and survivors from pursuing their claims; the process can also be protracted and re-traumatising.
114. In order to acknowledge the State’s responsibility to protect children from sexual abuse and the consequent harm experienced over many decades, the Inquiry recommends that a national redress scheme be established in England and Wales. The current systems of financial redress should continue to exist alongside this scheme. It will provide much-needed public acknowledgement and practical reparation to victims and survivors of child sexual abuse.
115. While it will be for the government to consider the detailed rules of, and funding for, a national redress scheme, the Inquiry’s recommended approach encompasses the following key components:
This is underpinned by the need for the scheme to be as simple and non-adversarial as possible.
The Inquiry recommends that the UK government establishes a single redress scheme in England and Wales, taking into account devolved responsibilities.
The detailed rules of, and funding for, this redress scheme should reflect the following core elements.