Church of England Redress Scheme Update

Appointment of Scheme Administrators

Kennedys Law have been appointed to administer the scheme.

Such an appointment is a key stage in the development of scheme. Together with the Church of England, Kennedys Law are focussed on creating a scheme that is centred around the survivor, and where everything is carried out as fairly and respectfully as possible.

Kennedys have a proven track record of administering other redress schemes and we have had excellent outcomes for many clients who have submitted applications to schemes administered by them. We therefore welcome this development.

Proposed Financial Award Framework

Whilst earlier announcements outlined the breadth and nature of abuse that the redress scheme will cover, we now have a proposed framework for the way financial redress will be calculated.

This framework has been proposed by the Redress Project Board following consultation with victims and survivors of church related abuse as well as external experts. It is still subject to approval under the Church’s legislative process.

Whilst the proposed framework focuses on the financial aspect of the redress, the church will also offer other forms of redress such as therapeutic and emotional support and an apology. Financial redress is therefore seen as only one aspect of the scheme.

Below is a table outlining the proposed framework, sourced from the Church of England's website. Financial redress for accepted applications under this scheme will range from £5,000 to £660,000 for the most extreme and exceptional cases.

There will be 4 stages in assessing financial redress:

Stage 1               Category of Abuse

Stage 2               Aggravating Factors

Stage 3               Impact of Abuse

Stage 4               A discretionary 20% uplift on the cumulative sum of stages 1 to 3

The awards made for the Category of Abuse in Stage 1 will be between £5,000 and £150,000, depending on the nature and severity of abuse experienced by the applicant. A multiplier of up to x2 of the Stage 1 award can be applied of there are any aggravating factors. Stage 3 will look at the impact of the abuse - this is likely to cover factors such as psychological or psychiatric injury resulting from the abuse and loss of earnings or opportunity as a result of the abuse. In rare and exceptional circumstances, a final discretionary uplift of up to 20% can be applied to the cumulative sum of stages 1 to 3.

At present those involved in designing the scheme are working with Kennedy’s to create a process for assessing the different types of abuse and the impact this has had, and we will have a greater understanding of what these stages will cover once this work has been completed.

Who will pay?

The proposed scheme includes up to £150 million in funding from the Church Commissioners. Additionally, the Board recommends that the Church body closest in governance to where the abuse occurred should contribute to any financial redress.

Under the proposal such a contribution would be voluntary, though the plan is clearly for local churches or regional dioceses to contribute to financial redress for abuse that took place under their governance.

It may seem daunting to consider applying for compensation, especially if the abuse took place within the Church. Many people worry about the financial aspects of claiming compensation, such as legal fees and other associated costs. This stress can prevent survivors from coming forward and reporting the abuse due to their fears and concerns about the financial burden.

The Church has confirmed that the scheme will provide funding for legal costs, but this will be subject to a set tariff and specific conditions. As a result, whilst some legal support will be covered by the scheme, we will continue to handle applications on a 'no win, no fee' basis to ensure survivors can pursue their claims without financial risk.

Next steps

At this point all of the above is subject to approval, and we await further detail on the eligibility criteria for the assessment of claims.

What steps can you take now?

Even though we do not have full details of the scheme at this point, or when the scheme will be up and running, we have already accepted instructions from victims and survivors of abuse within the Church of England. We are working with survivors now to prepare their claims so they are ready when applications open.

We will continue to keep you updated on any changes or news on the scheme, to ensure you are equipped with all the new information as it comes. More details are expected as the Church of England continues its work on the scheme, but we encourage survivors to start preparing now.

The Church has confirmed that the scheme will cover legal costs, but this will be limited to a set tariff and specific conditions. Whilst some legal support will be funded, it may not cover all aspects of a claim. To ensure survivors can pursue their applications without financial concerns, we will continue to handle cases on a 'no win, no fee' basis.

How Can We Help?

At Simpson Millar, our abuse solicitors are here to support you at every stage, from understanding the scheme as it develops to preparing your application when it opens. You can count on us to stand by your side throughout.

We’re here to provide you with the highest level of legal help and advice throughout all stages of this process, in an accessible and easy to understand way.

We will continue to provide updates as to the progress of the scheme, so that you’re always updated. When the scheme is ready for applications, we’ll walk you through the process and what information you’ll need to provide, helping the process remain as simple and easy as possible. We will gather evidence on your behalf as well as guiding you through the process. We’re here to work with and for you, being in your corner at all times.

If you would like to find out more about the scheme and how we can assist, get in touch with our friendly and helpful team today. We're here to offer assistance and support whenever you need it.