About the Scheme
A redress scheme for people who, as children, were abused or suffered harm between 9 May 1945 and 31 December 2005;
- while a resident in a Government of Jersey children's home
- while in a Government of Jersey foster care placement
- while accommodated at Les Chênes secure residential unit.
The Government of Jersey is also known as the States of Jersey.
The Scheme is managed by a dedicated team of people known as the Redress Team.
The Scheme has two parts:
Part 1: Les Chênes
Redress for people who, while accommodated at Les Chênes secure residential unit, suffered due to the harsh regime and whose experiences at Les Chênes had a negative impact on their childhood. From 2003 Les Chênes secure residential unit was also known as Greenfields.
The harsh regime at Les Chênes included children being placed in isolation and being required to sleep or spend time in a ‘secure unit’.
Part 2: Children's homes and foster care
Redress for people who were sexually and/or physically abused while a full-time resident in a Government of Jersey children's home or while in a Government of Jersey foster care placement. Or, redress for people who, while accommodated at Les Chênes secure residential unit, were sexually abused and/or physically abused resulting in significant injury or long term harm.
Redress Scheme terms and conditions
Part 1: Les Chênes
You can apply for a Part 1 payment if you can answer ‘yes’ to all three questions below.
Were you accommodated at Les Chênes secure residential unit? (Accommodated at Les Chênes means you stayed there at night or at weekends, as opposed to just being at Les Chênes during the school day)
Did you live there before 31 December 2005 (from 2003 Les Chênes was also known as Greenfields)?
Did your experiences at Les Chênes have a negative impact on your childhood?
Part 2: Children's homes and foster care
You can apply for a Part 2 payment if you can answer:
- 'yes' to either question 1A or question 1B below and
- 'yes' to both questions 2 and 3 below
Did you live full-time in a Government of Jersey children's home or were you in a Government of Jersey foster care placement between 9 May 1945 and 31 December 2005?
Were you accommodated at Les Chênes Secure Residential Unit before 31 December 2005 (from 2003 Les Chênes was also known as Greenfields)?
While you lived there did you suffer sexual abuse and/or physical abuse? If you were accommodated at Les Chênes and did not suffer sexual abuse, you can only apply for a Part 2 payment if the physical abuse resulted in significant injury or long term harm.
Was that abuse committed by a member of staff, another resident or someone connected with the children's home or, if you were in foster care, was that abuse committed by your foster parent/s?
A redress payment will not be awarded if:
- the applicant died before an application was made
- you were in private foster care as opposed to Government of Jersey foster care
- you were in adoptive care
- you were not placed in a Government of Jersey children’s home or in a Government of Jersey foster care placement
- you were not accommodated at Les Chênes (for example, you were only there during the school day but not at night or during the weekend)
- you have already been awarded damages by a Court for the abuse or harm you suffered
Can I apply for both a Part 1 and a Part 2 payment?
You can only apply for a Part 1 or a Part 2 payment. However, if you apply to the wrong Part of the scheme, the Redress Team will automatically consider your application under the right Part. They will write and tell you, or your lawyer, if this happens.
How to apply
You need to complete an
application form and submit it to the Redress Team. The application form will ask you questions about your experiences living in a children’s home, foster care or at Les Chênes. You will need to provide as much information as possible to help us process your application.
If the person to whom the application applies lacks capacity, the application form can be completed by the person who is responsible for managing their affairs.
Jersey Redress Scheme application form
Jersey Redress Scheme printable application guide
Deadline for applications
All application forms must be submitted to the Redress Scheme by Thursday 30 June 2020. After that date the scheme will be closed to new applications.
Criminal Injuries Compensation Board
If you have already received a payment from the Criminal Injuries Compensation Board, this payment will be deducted from any award you may be given under this scheme. This will only apply if the Criminal Injuries Compensation payment was for abuse or harm suffered in a children’s home, foster care or Les Chênes.
You will be asked on the application form to give the Redress Team your permission to obtain any relevant criminal injuries compensation records.
Government of Jersey Historic Abuse Redress Scheme
If you received a payment under the Government of Jersey’s previous historical abuse redress scheme, you may apply to this scheme but any monies you have already received for any abuse or harm you suffered, or for the effects of that abuse or harm, will be taken into consideration when assessing any payment you may receive under this scheme.
Help with your application form
You may complete the application form yourself or ask a friend, family member and/or support group to help you.
A lawyer can also help you complete your application form. If a payment is made to you, fixed legal costs will be paid by the Redress Team direct to your lawyer for any legal advice you obtain. Those fixed legal costs are set out below.
If you submit an application which is rejected because you are not eligible to apply to the scheme (for example, you were not in Government of Jersey care) your legal fees will not be paid by the scheme.
It is possible that some people’s legal costs could be more than the fixed cost which will be paid by the Scheme. Before you engage a lawyer, you must check with them what will happen if your legal costs are more than the fixed amount which will be paid by the Scheme. You need to know at the outset whether or not your lawyer will require you to pay the difference.
|Part 1: Les Chênes ||£1,000|
|Part 2: Children's homes and foster care||£2,200|
The Redress Team may also pay your lawyer additional fixed fees in other very limited circumstances.
How to find a lawyer
If you do not currently have a lawyer but want one to help you, the Redress Team can provide details of law firms currently assisting other applicants, but they cannot provide direct recommendations. The Law Society of Jersey may also be able to assist.
The application process
Step 1: Information to support your application
Once your application has been received by the Redress Team, they will check the application contains all the necessary information, and that you are eligible to apply for a payment under the scheme.
If you are not eligible because, for example, you were not in Government of Jersey care, the Redress Team will write to tell you your application has been rejected. If your application is rejected there is no appeals process.
Depending on whether you are making an application under Part 1 or Part 2 of the scheme, the Redress Team may need other information to help determine your application. This could include:
- medical records
- mental health records
- social services records
- records of your time in care
- copies of any relevant police statements
You will be asked on the application form to give the Redress Team your permission to obtain and read these records. The Redress Team may need to share these records with your lawyer or other professionals whose help may be needed to determine your application. You can withdraw your permission at any time but, if you do withdraw permission or you do not give permission in the first place, the Redress Team will not be able to determine your application.
Redress Scheme privacy notice
If you are making a Part 2 application the Redress Team may ask you to be assessed by an independent psychiatrist, psychologist or other relevant expert. That expert will be able to report on any psychiatric and/or psychological harm that you have suffered. The costs of the assessment and your travel costs will be paid by the Redress Team.
Step 2: Assessing your application
Once the Redress Team has obtained all the necessary information, they will determine your payment. They will write to you, or your lawyer, setting out the amount.
Part 2 applications will usually take longer to determine than Part 1 applications.
Step 3: The redress payment
If you want to accept the redress payment you will need to sign an agreement confirming that:
- you accept the payment is in full and final settlement of your application. This means you cannot subsequently go to Court to seek other compensation for the abuse or harm you suffered
- you understand that the amount of the payment is private and confidential. This means you cannot talk publicly about the amount of the payment. The Government of Jersey is also required to keep details of the payment private and confidential
Once the settlement agreement is signed, your payment will be made. It will be paid, in one lump sum, to your lawyer, who will forward it to you or, if you have not used a lawyer, the money will be paid directly into your bank or building society account. The Redress Team will pay your lawyer’s fixed legal fees at the same time.
If the money is paid directly to you, as opposed to being paid to your lawyer, the Redress Team will need to provide details of your bank or building society account to the Government of Jersey finance team.
It could take up to 72 days from the Redress Team receiving your signed settlement agreement for the payment to be made.
The Government of Jersey will also send you a letter to apologise for the harm you suffered unless you tell the Redress Team that you do not want to receive a letter of apology.
If you reject the payment offered, the Redress Team will stop dealing with your application and you will not be able to submit another application. If, at a later date, you change your mind about rejecting the payment, you can ask for the payment, providing you do so within six months of the date it was offered.
What if I think the amount offered is wrong?
If you think the amount offered is too low you can ask for your application to be reviewed. The review will be undertaken by an independent legal advisor and will cost about £1,000. It could cost more, or less, depending on the complexity of your application.
If the independent legal advisor determines that the amount you were originally offered should decrease or increase by less than 20% of the original offer, the cost of the review will be deducted from your payment.
If the independent legal advisor determines the amount should increase by more than 20% of the original offer, the Redress Team will:
- pay the cost of the review and
- will pay an additional fixed fee to your lawyer for their work on the review, if you have used a lawyer
Additional fixed legal fees paid if review result is more than a 20% increase on the original offer:
|Part 1 application review||£500|
|Part 2 application review||£1,100|
If the amount offered decreases on review, you cannot ask for the amount originally offered and the Redress Team will not pay the additional fixed fee to your lawyer. You must check with your lawyer what will happen in these circumstances.
The Redress Team may receive applications which do not fully meet the scheme criteria, but where the Redress Team believes there may be compelling grounds to consider the application.
Where this happens, an Independent Panel will be asked by the Redress Team to consider whether or not the scheme criteria should be amended so that the application (and other similar applications) can be accepted under the scheme.
The Independent Panel is a group of people who are not connected with the Government of Jersey.
The Independent Panel will only provide advice to the Redress Team and to the Minister. They will not accept requests from applicants to consider whether an application should be rejected, nor will they consider appeals. As set out above, appeals will be considered by an independent legal advisor.
Part 1: Les Chênes
The total amount of time you lived at Les Chênes will determine your payment. This will be based on the number of nights or weekends spent at Les Chênes. It will not include time you spent there during the school day, or any time when you were on the Les Chênes register but were staying at home or elsewhere.
You may also receive an additional payment if, while you were living at Les Chênes, you were subject to inappropriate and unlawful physical abuse. This could include manhandling by staff or treatment that constitutes physical abuse, but which did not result in significant injury or long term harm. You will be asked on your application form to provide details of the inappropriate physical treatment.
|7 days or less||£1,000||£ 500|
|Between 8 days and 50 days||£2,500||£1,000|
|Between 51 and 100 days ||£4,000 ||£1,500|
|Between 101 days and 270 days ||£8,000 ||£2,500|
|Over 271 days||£10,000 ||£4,000|
Part 2: Children’s home and foster care
Your redress payment will be determined after looking at the abuse you suffered and the harm it caused you.
The amount will reflect the nature, severity and frequency of the abuse you suffered, and any physical and psychological injuries or long-term effects.
|Physical abuse and/or sexual abuse: limited long term effects.||Up to £11,500|
- Aggravated physical abuse with significant long term psychiatric/psychological effects and/or
- Aggravated sexual abuse
£11,500 to £23,000
- Prolonged aggravated physical abuse with significant long term psychiatric/psychological effects and/or
- Rape and/or sexual abuse involving penetration (with or without physical abuse)
£17,500 to £41,000
|Rape and/or sexual abuse involving penetration (with or without physical abuse) with significant long term psychiatric/psychological effects|
£29,000 to £70,000
The Part 2 payments are based on the payments provided under the Government of Jersey’s previous redress scheme, which was launched in 2012. The payment levels are slightly higher to take account of the changes in inflation between 2012 and 2019.
If you are making a Part 2 application you may also be awarded up to £3,000 to pay for therapeutic or medical treatment for the psychiatric or psychological effects of the abuse you suffered.
The money will be used to pay for treatments you have received. The money will either be paid directly to the therapist who has treated you, so that you do not need to pay them yourself. Or, if you have already paid the therapist, you will be reimbursed.
However, there are some very important conditions that apply:
- you will only be awarded therapy monies if treatment is recommended by a relevant medical expert or there is evidence about the need for the treatment
- the Redress Team will need to agree with you the type of treatment you will be having
- the Redress Team will only release your therapy monies on receipt of invoices or bills setting out the details of the treatment that has been provided
- the Redress Team will only provide up to the maximum amount of therapy monies that have been awarded to you
- you must use the therapy monies that have been awarded to you by 30 June 2022 at the latest
Will the payment affect my tax or benefits position?
If you live or pay tax in Jersey the payment will not be taken into account when calculating your Jersey income tax or any Jersey social security benefits you may be entitled to.
More details about the scheme are set out in Jersey Redress Scheme terms and conditions and privacy notice. These, plus copies of the application form, are available from the Redress team:
- phone +44 (0) 1534 441014
- by post: Jersey Redress Scheme, Morier House, Halkett Place, St Helier, JE1 1DD
You can pick up a printed copy of this information and application forms from:
Jersey Citizens Advice Bureau, St Paul's Centre, New Street, St Helier, JE2 3WP
Customer and Local Services, Philip Le Feuvre House, La Motte Street, St Helier JE4 8PE
- the States Assembly Information Centre, Morier House, Halkett Place, St Helier JE1 1DD
- Jersey Library, Halkett Place, St Helier JE2 4TU
Help and support
If you have been affected by abuse in residential or foster care and would like to speak to someone, you can contact Victim Support Jersey on tel: +44 (0) 1534 440496. Their volunteers will listen and provide emotional support, practical help and information. They can also direct you to the right services if you need more support.
If you want to talk to someone out of hours, call
Jersey Samaritans on Freephone:
Other services that can help include: