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Historic abuse survivors’ anger over waiver on legal bids

© Greg McVeanDavid Whelan
David Whelan

Historic abuse survivors are threatening a judicial review to challenge a controversial government-backed waiver which removes their right to justice.

Survivors who want government compensation are being asked to sign the waiver, which would stop them taking legal action against their abusers.

Holyrood’s Education and Skills Committee last week voted to keep the waiver in the proposed redress scheme. Within hours, around 500 survivors and campaigners signed a petition seeking a judicial review.

David Whelan, 62, who was abused while being looked after as a child at Quarriers Children’s Village in Renfrewshire, said: “Survivors across Scotland are outraged that, after engaging for years with the Scottish Government, at the last minute, after expecting them to keep their word on the important commitments they made to us, we have instead been betrayed and hung out to dry.”

The Scottish Government said: “The redress scheme is designed to offer survivors a faster, more supportive, trauma-informed form of justice than civil court. The inclusion of waiver is an important part of the scheme to encourage organisations to make fair and meaningful financial contributions.”