Recent arrests of Kerelaw staff: The importance of seeking legal advice for survivors of child abuse

As the Head of Personal Injury for Scotland and a specialist in child abuse cases, I'm acutely aware of the profound impact that abuse can have on survivors. 

The recent arrests of staff members at Kerelaw Residential School have brought to light the harrowing experiences endured by many children. Following the school’s closure in 2006 due to allegations of abuse, more than 100 former students have come forward leading to a series of investigations and actions with estimates of over 200 complaints regarding the treatment of students at the school. 

Police Scotland has termed the investigation “Operation Chalk,” which is examining claims of physical and sexual abuse between the 1970s and 2000s. These developments underscore the critical need for survivors to seek expert legal advice before deciding whether to pursue a civil claim.

Understanding the consequences of abuse

Child abuse, whether that be physical, emotional, or sexual, leaves deep and lasting scars. The psychological trauma can manifest in various ways, including anxiety, depression, and post-traumatic stress disorder (PTSD). These conditions often disrupt a survivor’s ability to lead a normal life, impacting their education, career, and personal relationships. One of the most significant consequences is the potential loss of earnings due to the inability to work or maintain stable employment.

The role of legal advice

Navigating the legal landscape following such traumatic experiences can be daunting. This is where seeking legal advice becomes indispensable. A specialist in personal injury and child abuse cases can provide survivors with a clear understanding of their rights and the legal avenues available to them. This guidance is crucial in making informed decisions about pursuing a civil claim.

Civil claims and compensation

A civil claim allows survivors to seek compensation for the harm they've suffered. This compensation can cover various aspects, including medical expenses, therapy costs, and importantly, loss of earnings. Given the psychological impact of abuse, many survivors find themselves unable to work or forced to take lower-paying jobs. Compensation for loss of earnings can provide much-needed financial stability and support during the recovery process.

The Redress Payment Scheme

In addition to civil claims, survivors may also be eligible for Redress payments. The Redress Scotland Scheme is a government initiative designed to provide financial compensation to survivors of historical child abuse in residential care. It operates on a tariff system, with payments capped at a certain amount. While this scheme offers a quicker resolution compared to civil litigation, it's essential to understand its limitations which include the capped compensation available as well as limitation period, where the scheme is aimed at those suffering abuse before December 2004.

Choosing the right path

Deciding whether to pursue a civil claim or opt for a Redress payment is a significant decision that should not be taken lightly. Each option has its advantages and limitations. A civil claim may result in higher compensation, especially for loss of earnings, but it can be a lengthy and emotionally taxing process. On the other hand, the redress scheme may offer a more straightforward and faster resolution but with capped payments.

Conclusion

The recent arrests at Kerelaw Residential School have highlighted the urgent need for survivors to seek legal advice. Understanding the full scope of the consequences of abuse, including psychological trauma and loss of earnings, is crucial in making an informed decision. Legal experts can provide the necessary support and guidance, ensuring that survivors receive the compensation they deserve and can begin the journey towards healing and recovery.

Find out more about Irwin Mitchell's expertise in supporting survivors of abuse at our dedicated abuse and criminal injuries section.