In recent years, several compensation redress schemes have been established to compensate individuals who have suffered sexual abuse in specific institutions. Notable examples include St James and St Vedast Redress Scheme, The Manchester City Football Club Redress Scheme, Scotland’s
Redress Scheme, The Historic Abuse Redress Scheme (States of Jersey) and the Jesus Fellowship Redress Scheme.
What is a redress scheme?
Tracey Emmott of this firm was involved in the setting up of one of the earlier redress schemes for non-recent institutional sexual abuse and represented many victims of abuse in Jersey in their applications to the Jersey Redress Scheme. This firm has deep experience in representing survivors of abuse in their applications to compensation redress schemes.
In recent years, redress schemes to pay compensation have been set up by institutions such as churches, local authorities, and sporting associations often in anticipation of a surge in claims related to abuse suffered within their organizations. These schemes not only offer financial compensation but can also provide counselling, support, apologies, and various other remedies to applicants. Ostensibly, their primary aim is to simplify the process for all parties involved, thereby reducing the need for applicants to undergo the stress and complexity of court proceedings. Such schemes can provide a useful alternative, more straightforward route to securing compensation, especially when a survivor may be many years ‘’out of time’’ legally to bring a claim through the civil courts.
Each redress scheme operates under its own specific terms and conditions, set by the administering organization. Consequently, the time limits and levels of compensation available can vary significantly from one scheme to another.
Why should you instruct a legal representative to help you with your redress scheme application?
Redress schemes come with a variety of terms and conditions, making it essential to seek professional legal advice to ensure you are in the best possible position when submitting your application. Most redress schemes will pay the cost of obtaining legal advice, although these are generally limited. A solicitor or legal executive can assist you in several ways, including determining your eligibility, gathering necessary evidence, strengthening your application, understanding your obligations, assessing whether the initial compensation offer is reasonable, and advising on the possibility of an appeal or review.
Hurdles you could face:
1. Proving your eligibility
2. Lack of evidence
3. Deadlines
4. Receiving an unreasonable and disappointing award of compensation
5. Your application being rejected
Case Study: Jesus Fellowship Redress Scheme
Emmott Snell Solicitors successfully represented a number of individuals in their applications to the Jesus Fellowship Redress Scheme. The Individual Redress Scheme was set up to compensate those who had suffered emotional, physical and/or sexual abuse (as adults and children) whilst members of the Jesus Army. The Jesus Army, also known as The Jesus Fellowship Church, was a neo-charismatic evangelical Christian movement founded in Northamptonshire by a former Baptist Minister, Noel Stanton, in 1969. It attracted thousands of members, from homeless drug addicts to devout Christian families. Their aim was to offer the ‘’saving life of Jesus’’ to any person and help those in need.
In the Jesus Army, a hierarchical leadership structure was in place. While their public message emphasized equality and a commitment to helping those in need, systemic failings within the leadership structure and culture allowed abuse to occur. This ill-treatment was not limited to women; many boys and men were also subjected to abuse by senior leaders and other individuals in positions of power.
Unfortunately, some members endured sexual, physical, emotional, and financial abuse. Given the widespread nature of the abuse and the significant number of potential claimants, the Jesus Fellowship Redress Scheme was established by the Trust. It is important to note that this Redress Scheme concluded in December 2023.
Emmott Snell Solicitors provided assistance to a total of 16 applicants. All redress schemes have their unique requirements. The Jesus Fellowship Redress Scheme, in particular, necessitated the completion of an application form. This form requested personal and contact details, proof of identity, information about the applicant's legal representative, and eligibility questions. These questions included whether the applicant lived in the community, their position within it, and specific details about their residence and tenure in the community.
Every applicant was required to submit a witness statement (in support of their application), a critical component of the application where legal assistance proves invaluable. We provided essential support in articulating the challenging experiences the applicants faced and the profound impact these events had on their lives. Additionally, we ensured that all crucial facts were comprehensively included.
We also assisted our clients in negotiating higher offers of compensation by emphasizing their mental health struggles, the severity of the abuse they endured, and when relevant obtaining medical records demonstrating the impact. We also referenced the scheme tariff, arguing that the applicants should be compensated according to a higher bracket. As a result of presenting evidence of psychiatric injury, higher awards were secured in many cases.
Unfortunately, there were insurmountable hurdles in some cases. For instance, one applicant was abused prior to 1974, which is the cut-off date for the scheme. This highlights the rigid nature of some redress scheme terms, as our client was not compensated for the abuse suffered due to this cut-off point. This situation is akin to the limitation rules in civil compensation claims.
Emmott Snell Solicitors also assisted applicants who came forward later to ensure their application was received before the strict deadline of the 31st December 2023.
Emmott Snell Solicitors are delighted to report that our services have been rated as "Excellent" on client feedback questionnaires from those we have assisted with their applications. One client described Jacqui Morton as a "kind, caring lady," while another referred to their experience as "first class."
And in conclusion…
In conclusion, redress compensation schemes can offer a streamlined and supportive avenue for victims of abuse to seek financial and emotional redress without the stress of court proceedings. However, navigating the specific terms and conditions of each scheme can be complex. Legal representation is invaluable in ensuring that applications are thorough, timely, and compelling to secure maximum compensation.
At Emmott Snell Solicitors, we have successfully guided numerous clients through such redress schemes, thereby securing fair compensation and providing essential support in what can be an emotional and challenging process.
