11th Oct 2019
Shirley Oaks Claims - the latest news
In September 2019, Lambeth Council published its latest report on the performance of its Lambeth Children's Home Redress Scheme. The Scheme was opened on 2 January 2018 and was initially intended to run until 1 January 2020. The Scheme has now been extended for a further two years until January 2022 which is welcome news to those former residents of Shirley Oaks Homes who are yet to come forward.
The Scheme was drafted to compensate survivors who were resident or a visitor to a Lambeth Children's Home or Shirley Oaks Primary School. This came about after pressure from the action group, the Shirley Oaks Survivors Association. SOSA was headed up former residents of Shirley Oaks homes and sought to gain justice for 100’s of former residents who suffered terrible abuse at Lambeth Councils Children’s Homes from the 1950’s to 1983.
The Scheme promised to compensate those children who suffered or were fearful of suffering sexual, physical and/or psychological abuse falling within its eligibility criteria. The Scheme is divided into two categories for those who qualify; a simpler `Harm’s Way’ payment for those children who can show they experienced a harsh environment; and an Individual Redress Payment if the Applicant can show they suffered physical and/or sexual abuse during their time at a qualifying home. The Scheme now also includes abuse suffered at the hands of foster parents if the survivor was placed in a qualifying home immediately before their foster placement. The Scheme also offers other non- financial support, such as letters of apology, a meeting with a senior representative of the Council, advice on housing needs, signposting to counselling and other services.
We are now some 18 months into the Scheme and by June 2019, over 16 million has been paid in compensation directly to Applicants. Of that sum, £9.9 million has been paid in Harm’s Way Payment's and £5.1 million in Individual Redress payments.
The Scheme is an Alternative Dispute Resolution process and is not the same as traditional civil proceedings. It is intended to be a streamlined process involving the use of social care experts to help identify the relevant issues in social care records and joint experts. In the case of Individual Redress Scheme claims, there is a compensation tariff with payments based on banding which has been drafted with reference to guidelines used by Judges to assess compensation in historic abuse cases. The bandings are split into three categories according the severity of the mistreatment. There is a further band for loss of opportunity suffered as a consequence of the abuse, which includes the effect on education and earnings capacity. There are additional payments for future treatment and a 10% uplift on damages may be applied where an applicant has suffered racial abuse as it is recognised by the Council that racism existed at the Shirley Oaks Homes.
The benefit to Applicants of applying under the Redress Scheme is that the Council are not taking any issue with limitation which can be a barrier to normal civil proceedings for compensation. Furthermore, the Council are broadly accepting an applicant's account without the need for there to be convictions for those perpetrators involved in the mistreatment at the homes. This should be of considerable comfort to Applicants as it reduces the risk of a claim failing and largely guarantees an award to eligible Applicants. On the downside the Scheme is currently capped at £125,000, apart from the additional payments for treatment and racial abuse.
The most important outcome of the latest Cabinet report is the extension of the Scheme for a further two years and there is now a revised closing date of 1 January 2022 for applications to be received. This is a positive step as some eligible Applicants may be overseas, in prison or have disabilities which has thus far prevented them from coming forward. An application can also be made under the Scheme by a Personal Representative on behalf of the estate of a deceased for an Individual Redress payment for a former resident at the Lambeth Homes under the Scheme. Often the process of obtaining the necessary probate can be time-consuming, thus the extension to the closing date is welcomed for such claims.
Samantha Robson of Robson Shaw solicitors, is representing numerous applicants under the Scheme and have already negotiated six figure awards. Samantha who heads up the Shirley Oaks claims comments, `We are guaranteeing our successful clients 100% of their compensation and a success fee will not be applied to our Lambeth Redress Scheme clients. We are now seeing the first of these claims being resolved with the initial settlements being generous following negotiations with the Council’s solicitors.’
If you or a family member has been affected by the Shirley Oaks scandal and would like advice on a confidential, free, no obligation basis please contact Samantha Robson on 01392 345333 or email her at sam@robsonshaw.uk
In September 2019, Lambeth Council published its latest report on the performance of its Lambeth Children's Home Redress Scheme. The Scheme was opened on 2 January 2018 and was initially intended to run until 1 January 2020. The Scheme has now been extended for a further two years until January 2022 which is welcome news to those former residents of Shirley Oaks Homes who are yet to come forward.
The Scheme was drafted to compensate survivors who were resident or a visitor to a Lambeth Children's Home or Shirley Oaks Primary School. This came aboutafter pressure from the action group, the Shirley Oaks Survivors Association. SOSA was headed up former residents of Shirley Oaks homes and sought to gain justice for 100’s of former residents who suffered terrible abuse at Lambeth Councils Children’s Homes from the 1950’s to 1983.
The Scheme promised to compensate those children who suffered or were fearful of suffering sexual, physical and/or psychological abuse falling within its eligibility criteria. The Scheme is divided into two categories for those who qualify; a simpler `Harm’s Way’ payment for those children who can show they experienced a harsh environment; and an Individual Redress Payment if the Applicant can show they suffered physical and/or sexual abuse during their time at a qualifying home. The Scheme now also includes abuse suffered at the hands of foster parents if the survivor was placed in a qualifying home immediately before their foster placement. The Scheme also offers other non- financial support, such as letters of apology, a meeting with a senior representative of the Council, advice on housing needs, signposting to counselling and other services.
We are now some 18 months into the Scheme and by June 2019, over 16 million has been paid in compensation directly to Applicants. Of that sum, £9.9 million has been paid in Harm’s Way Payment's and £5.1 million in Individual Redress payments.
The Scheme is an Alternative Dispute Resolution process and is not the same as traditional civil proceedings. It is intended to be a streamlined process involving the use of social care experts to help identify the relevant issues in social care records and joint experts. In the case of Individual Redress Scheme claims, there is a compensation tariff with payments based on banding which has been drafted with reference to guidelines used by Judges to assess compensation in historic abuse cases. The bandings are split into three categories according the severity of the mistreatment. There is a further band for loss of opportunity suffered as a consequence of the abuse, which includes the effect on education and earnings capacity. There are additional payments for future treatment and a 10% uplift on damages may be applied where an applicant has suffered racial abuse as it is recognised by the Council that racism existed at the Shirley Oaks Homes.
The benefit to Applicants of applying under the Redress Scheme is that the Council are not taking any issue with limitation which can be a barrier to normal civil proceedings for compensation. Furthermore, the Council are broadly accepting an applicant's account without the need for there to be convictions for those perpetrators involved in the mistreatment at the homes. This should be of considerable comfort to Applicants as it reduces the risk of a claim failing and largely guarantees an award to eligible Applicants. On the downside the Scheme is currently capped at £125,000, apart from the additional payments for treatment and racial abuse.
The most important outcome of the latest Cabinet report is the extension of the Scheme for a further two years and there is now a revised closing date of 1 January 2022 for applications to be received. This is a positive step as some eligible Applicants may be overseas, in prison or have disabilities which has thus far prevented them from coming forward. An application can also be made under the Scheme by a Personal Representative on behalf of the estate of a deceased for an Individual Redress payment for a former resident at the Lambeth Homes under the Scheme. Often the process of obtaining the necessary probate can be time-consuming, thus the extension to the closing date is welcomed for such claims.
Samantha Robson of Robson Shaw solicitors, is representing numerous applicants under the Scheme and have already negotiated six figure awards. Samantha, who heads up the Shirley Oaks claims comments,
`We are guaranteeing our successful clients 100% of their compensation and a success fee will not be applied to our Lambeth Redress Scheme clients. We are now seeing the first of these claims being resolved with the initial settlements being generous following negotiations with the Council’s solicitors.’
If you or a family member has been affected by the Shirley Oaks scandal and would like advice on a confidential, free, no obligation basis please contact Samantha Robson on 01392 345333 or email her at sam@robsonshaw.uk.
Category: Children's Homes