Survivors of historical abuse at Fornethy House must be compensated, say a committee of MSPs.
In a major breakthrough for victims, the group called on Deputy First Minister Kate Forbes to remove the “unjustified” barriers which have excluded those harmed in Angus from being granted compensation.
More than 200 women were abused as children at Fornethy.
Earlier this year Shona Robison, Ms Forbes’ predecessor, infuriated survivors by saying they did not qualify because they only attended the residential school on a short-term basis.
But in a decisive move, the parliament’s petitions committee reached the “unanimous decision” to side with the former Fornethy pupils after a two-year review.
Its convenor Jackson Carlaw says he was deeply moved by the testimony of survivors at the hearings and in The Courier’s 2022 investigation into the scandal.
He called the restrictions an “injustice”.
The SNP government has previously defended the strict criteria for compensation, adding that expanding the redress scheme could potentially lead to a surge in historical claims, many of which could be difficult to substantiate.
In response, Deputy First Minister Kate Forbes told the Courier: “Abuse of children at Fornethy House should never have happened and I am profoundly sorry for what the survivors endured as children and the impact this abuse has had on their lives.
“The independent report we commissioned to investigate this matter further is clear that children attended Fornethy House primarily on a short-term basis for convalescence or a recuperative holiday under arrangements involving their parent or guardian and another person.
“Those circumstances, as agreed by the Scottish Parliament, are excluded from the redress scheme which is designed primarily to provide acknowledgement of the harm that has been caused for survivors of historical child abuse who were in long-term care.
“These findings are in no way intended to diminish the experiences of the survivors or to suggest parents of these children were in any way responsible for the experiences they endured during their time at Fornethy House.”
A Complete Injustice
“It’s fantastic and welcoming news,” said one Fornethy abuse victim.
“The committee has been extremely supportive of the survivors.”
Our investigation told of alleged abuse at the Angus residential school in the 1960 – including beatings, humiliation, force feeding and sexual assault.
The Redress Scotland Scheme, established for those who suffered abuse in state care before 2004, offers survivors compensation up to £100,000 and a formal apology.
Fornethy victims have previously been excluded because of the burden of evidence and the fact victims were only there for up to six weeks.
They say the destruction of documents many years ago made it impossible for them to meet redress requirements.
Former Scottish Tory leader Mr Carlaw told The Courier: “We thought that was a complete injustice and the entire committee across all parties was unanimous in its recommendation that the Scottish Government has to think again.
“We really did come to the collective view that this is an injustice that has to be righted.”
In the letter to Kate Forbes, Mr Carlaw said: “The evidence we have continued to gather has solidified our view that the regulations introduced in December 2021 have created an unjustified barrier preventing those who experienced abuse in settings such as Fornethy House.”
The committee concluded, regardless of the length of their stay in Angus, children were left vulnerable with minimal or no contact with their parents and relied on the institution to look after and keep them safe.
The petitions committee told ministers not to delay their response to the petition.
Mr Carlaw said: “We are quite prepared to take this to a debate on the chamber of the floor.”
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