Abuse lawyer welcomes “long overdue” compensation scheme

Wednesday 19 December 2018

A UK lawyer who represents many former residents of a ‘secure school’ where children endured emotional abuse and beatings has welcomed the establishment of a compensation scheme for those who suffered whilst in States care - but says it is “long overdue”.

Alan Collins, a Partner at UK firm Hugh James, said that the greenlight on a new redress scheme to give compensation to those who were abused whilst in care has come “at long last” and that it will allow the former residents of Les Chênes who say they were ill-treated “to move on with their lives”.

Mr Collins previously threatened the States with legal action if they failed to issue an apology and a compensation scheme for those who say they suffered abuse whilst they lived at Les Chênes, that was likened to “serving sentences” in the Independent Jersey Care Inquiry report.

Now it has been announced that the Council of Ministers has agreed that a new redress scheme should be set up next year to provide financial compensation to the victims.

Pictured: The experiences of many former residents of Les Chênes residential facility were documented in the Care Inquiry report.

Commenting on the news, Mr Collins told Express: “…it’s long overdue given what we heard and learned at the Care Inquiry… Terrible wrongs were done to many of the children and young people at Les Chênes so it’s been a case of justice delayed is justice denied. 

“… at long last these young people… are going to get some justice, it may not be perfect but some justice in my book is better than none at all.”

When asked what financial compensation can offer a victim of abuse, Mr Collins, who specialises in sexual abuse compensation, said: “It gives them the recognition that survivors often are desperate to get… and it gives them an opportunity to move on with their lives. They’ve got the opportunity to draw a line in the sand now.”

Pictured: Sexual abuse compensation lawyer Alan Collins said that although a compensation scheme "may not be perfect", he argues that "some justice... is better than none at all" for the alleged victims of Les Chênes.

The English Solicitor added that “[were] it not for the survivors coming forward to give evidence to the Inquiry, we probably wouldn’t have really understood what happened at Les Chênes - it would still be something of a secret.”

Mr Collins has previously estimated that the alleged victims of Les Chênes who would be entitled to compensation is over 100.

This will be the second compensation scheme set up for those that suffered physical or sexual abuse whilst in care after the first States’ scheme closed to new claims in September 2012. 

According to a Freedom of Information response, this initial redress scheme resolved 125 claims and made awards of £2,146,500 as well as allocating £150,560 so that the claimants could receive therapy.

Pictured: The amount of financial compensation and therapy costs awarded up until April 2015.

Announcing the agreement of the new scheme, Children’s Minister Senator Sam Mézec said: “The Council of Ministers have agreed, in principle, that a new redress scheme will be set up next year to provide financial compensation to people who, in the past, suffered abused or harm while in States of Jersey foster care, residential care or whilst at Les Chênes secure residential unit. The details of the scheme are still being finalised but I anticipate that I will be able to provide more information over the coming months.

“Our island’s institutions failed children and their families over many years; for which we are truly sorry. The redress scheme launched in 2012 provided compensation to people who suffered abuse in our residential care service from 1945 to 1994, but the Independent Jersey Care Inquiry tells us that others were also failed. The new redress scheme is intended to help recognise this.”