The Historic Abuse Redress Scheme was designed to deal with applications for compensation for historic sexual or unlawful physical abuse suffered between 9 May 1945 and 31 December 1994 by children when in the States of Jersey’s full-time residential care (known as the “Claims”).
The Chief Minister announced the scheme on 29 March 2012. The scheme closed to new claims on 30 September 2012.
Claims from 132 individuals were received and have been considered under the scheme. As of 12 January 2016, all claims bar one have been finalised.
Who could apply for compensation
Individuals could apply for compensation through the scheme if they could answer “yes” to both the following questions:
- were you in the States of Jersey’s full-time residential care system at any time between 9 May 1945 and 31 December 1994. For example, Haut de la Garenne?
- were you subjected to sexual and / or unlawful physical abuse whilst in full-time residential care?
It was not necessary for a person to have been prosecuted or convicted of any criminal offence in connection with the abuse in question.
If the above criteria were met, then the application would proceed and be considered as part of the scheme.
The scheme did not award financial compensation if:
- the claimant was not in the States of Jersey’s full-time residential care at the time of the unlawful abuse
- the person who was abused has died; or
- damages have already been awarded by a court or have been agreed and paid in respect of the abuse
Mourant Ozannes, Jersey Advocates and Solicitors, were originally appointed to advise on the Claims under the scheme (known as the “Scheme Lawyers”). The Scheme Lawyers are responsible for assessing the Claims, recommending whether it is appropriate for a claim to be admitted under the scheme and then the amount of financial compensation to be paid to a claimant under the scheme.
On 1 October 2013 administration of the scheme transferred from Mourant Ozannes to Lacey Advocates.
The Minister of Health and Social Services authorises each payment based on the Scheme Lawyers recommendation. The Scheme Lawyers work alongside members of the Health and Social Services Department in managing the applications and Claims admitted under the scheme.
How is the assessed award calculated?
The Assessed Award will be a fair and reasonable sum having regard to individuals' personal circumstances, and takes into account:
1. Severity of the abuse and any harm caused based on the medical and other evidence supplied, the Scheme Lawyers assess compensation claims with reference to:-
- the nature, severity and frequency of the abuse suffered; and
- any physical or mental injuries or long-term effect
2. Medical Expenses
Any additional payment required for reasonable expenses incurred in respect of medical or psychiatric treatment for the effects of the injuries suffered as a result of the abuse.
3. Other costs and expenses
In certain cases, a payment may be made for other costs and expenses reasonably incurred in making and processing your application for compensation. Typically, the cost of your reasonable legal fees incurred in making the application will be met as will any travel costs incurred by you for the purpose of undergoing a psychiatric assessment for the purposes of assessing your application.
Further details regarding how the scheme operates can be found in the following documents.
Download the Historic Abuse Redress Scheme - a Guide (size 129kb)
Download Historic Abuse Redress Scheme Document (size 148kb)
Download the Historic Abuse Redress Scheme application form (size 256kb)
Any reference to "Mourant Ozannes" in any Scheme document should be treated as a reference to "Lacey Advocates".
Further information and queries from applicants
Queries and questions from claimants or their representatives should be directed to the Scheme Lawyers who from the 1st October 2013 are:
14 Hill Street
Jersey JE2 4UA
Tel: 00 (44) 1534 888445
Lacey Advocates website
Email Lacey Advocates