7. We heard evidence about a number of different schemes that operate to provide redress for victims and survivors of child sexual abuse.

8. The Lambeth Children’s Homes Redress Scheme was established by Lambeth London Borough Council to operate between 2 January 2018 and 1 January 2020.^[1] It is designed so that the standard of proof, the elements for establishing liability and the valuation of claims are the same as the civil justice system.^[2] Applications are made on a written application form, reasonable legal costs are covered^[3] and applications are determined by members of the Council’s Redress Team or the scheme solicitors.^[4]

9. The scheme offers more than just financial recompense to victims and survivors of abuse. Those eligible are entitled to:^[5]

• a written apology acknowledging what has happened, providing an acceptance of responsibility and an assurance that measures have been taken to prevent any further repetition;
• a meeting with a senior representative of the Council, so the victim and survivor can feel heard and acknowledged by the Council;
• a payment of up to £10,000 to reflect the experience of living in an environment which caused them to fear immediate physical or sexual abuse (where the scheme’s criteria are met);
• appropriate counselling or other therapeutic, psychological or psychiatric support;
• specialist advice, support and assistance to obtain housing, appropriate welfare benefits, access to further education and suitable employment; and
• a compensation payment in accordance with the terms of the scheme.

10. Paul Durkin, a solicitor who represented claimants in the St Aidan’s and St Vincent’s litigation, was also involved with the Residential Institutions Redress Board in the Republic of Ireland. He described that scheme as a “fair, compassionate scheme providing speedy redress to people who have been abused at qualifying institutions in Ireland”.^[6]

11. Witnesses told us that there are a number of potentially important components to an effective redress scheme.

11.1. Compensation: Although many victims and survivors have said that money was not their primary motivation,^[7] it seems that this is a key aspect of any redress or compensation scheme. It is an important feature of the recognition of wrongdoing by an institution and of compensating for an injury.

11.2. The facilitation of apologies and an acknowledgement of failure: An apology by the relevant institution and an acknowledgement of failure is a primary desire of many of the victims and survivors who gave evidence to the Inquiry.^[8] Paul Durkin told us that key ingredients of such a scheme are:

“an acknowledgement by the institution that the people have been wronged; the facility for an apology and understanding that they were let down”.^[9]

11.3. Prevention of continuing abuse: Some want to ensure that future children do not suffer the abuse they received.^[10] To that end, reassurance that steps have been taken to prevent abuse occurring may be a welcome feature.

11.4. Counselling or other treatment: Some victims and survivors continue to struggle with the effects of the abuse they suffered, and hoped for more support than they got in their civil claims or CICA applications.^[11] Paul Durkin and Alistair Smith both said that counselling and assistance with social needs could be a key ingredient of a redress scheme.^[12]

11.5. A non-adversarial system: Civil litigation is an adversarial system, which – in particular through cross-examination – can be traumatic, difficult and demoralising.^[13] Any challenge to the credibility of a victim and survivor of child sexual abuse can re-traumatise them through the fear of not being believed.

11.6. Speed: Civil litigation and CICA applications can both be protracted processes which can be hard for victims and survivors.^[14] A more timely remedy may be an important factor in ensuring that victims and survivors feel believed and acknowledged.

11.7. Parity with civil damages: As we have seen, numerous victims and survivors have applied for CICA awards and brought civil claims.^[15] A redress scheme may not be an adequate alternative if victims and survivors still feel they need to bring civil claims to ensure that they receive adequate damages.

12. It may be difficult for a single national redress scheme for victims and survivors of child sexual abuse to deliver all of these objectives. In particular, the facilitation of apologies and the acknowledgement of failure, and the prevention of continuing abuse, are matters that require the engagement of the institutions where the abuse took place. This may not be forthcoming if particular institutions no longer exist or are unwilling to engage with the redress process.