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Historic abuse compensation claims (HACS) - what are they?

The Scottish Executive is anxious to provide for compensation to be paid to victims of historic abuse can apply for compensation.

There is one scheme currently operating, HACS 1 and next year it is planned to introduce another scheme which we will refer to as HACS 2.

HACS 1

Who qualifies?

If you were under 18 when the abuse occurred and were abused before December 2004, you can claim. The abuse can be either physical, sexual or neglect, or a combination of all. The Scottish Executive recognise that some claimants under HACS 1 will be elderly and may also be terminally ill and so this scheme has been set up as an Advance Scheme by the Scottish Executive. It is now operating and you an submit a claim straightaway.

How do you apply?

You fill out an application form. You can download this from the Scottish Executive's website. As appropriate you will need to provide proof of your age or evidence of your illness and provide details of the abuse, what it was and how and where it happened. We appreicate that this can be a distressing time and we can provide assistance on completing forms and providing advice on the process. We can advise you on this. 

What if the victim dies before he or she can claim under HACS 1?

The Scottish Executive recognise that this might happen, and so the claim that victim would have had transfers to their family who survive them.

Is there any restriction on where the abuse happened?

Yes. This must have taken place in "residential care".

What does residential care mean?

This means:-

  • Children's homes
  • Foster care
  • Young offenders' institution
  • Borstal
  • List D school
  • State/private boarding school provide your parents did not choose to put you there
  • Long term healthcare institution provided the main purpose of the institution was care and not medical treatment

When can't you claim?

  • If the abuse happened at a mainstream school
  • In a hospital or doctor's surgery

How much compensation do you get?

There is a flat rate of £10,000.

Are there any other conditions?

You must either be aged 68 or over or terminally ill if you are younger than this to claim.

HACS 2

This is likely to be set up and start operating sometime in 2021.

What is it?

It's very similar to the Advance Scheme but there are one or two important differences.

Who qualifies?

The criteria are the same except you don't have to be over 68 or terminally ill to claim.

How do you apply?

The Scottish Executive have not yet published full details of the scheme. We will update our website about the application process as soon as we can.

How much compensation will you get?

We don't know yet. There will be two payments you can apply for:-

  • A flat rate award payable under the scheme; and
  • If the abuse was very serious and has had a lifelong impact, you can apply for an additional payment. How much this will be is not known yet, but it is likely the value will increase in proportion to the severity of the abuse and its consequences. 

Are you disqualified if you have previous convictions?

No. Unlike the Criminal Injuries Compensation Scheme (CICS) you still qualify regardless of how many convictions you have. In the application form, unlike the CICS you are not asked if you have past convictions so you do not have to disclose these. 

Possible complications of applying

It has been suggested that if you accept an award under the scheme, this might:-

  1. prevent you from making any further claim personally against the abuser;
  2. possibly disqualify you from making any further compensation claim against the abuser's employer.

We are not aware of anything in HACS 1 which would stop you from making a future claim. The Scottish Government though is currently engaged in a pre-legislative consultation process about the final make up of HACS 2. We won't know the full detail of the legislation until next year. We will update you via our website about HACS soon. We can always advise you if it is in your interests either to claim or not to claim under HACS 2. In the meantime, we will try to help persuade the Scottish Government that any payment under either HACS 1 or 2 should not disqualify you from taking further action. A more sensible approach, we believe, would be to allow an award under the scheme but to provide for a refund of the award if you later on succeed in recovering full compensation from your abuser and/or his or her employer. 

What if you have suffered abuse but can't claim under HACS 1 and/or HACS 2?

You may still be able to claim directly against the Local Authority if:

  • Your abuser was employed by or was doing something for the benefit of the Local Authority;
  • If your abuser was a foster parent;
  • If your abuser was a teacher
  • If your abuser was a social worker

We can help you by explaining if you have got a claim.

How we can help

If you think you may have a claim, or would like any advice on issues relating to the above, please contact us on 0800 988 8082 or complete our online enquiry form.

 

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