Compensation for looked after children (FOI)

​Request

A

How many claims for compensation have been made by current or previously looked-after children to the Health and Social Services Department since 2012? Could you please give me the breakdown for each year for 2012, 2013, 2014 and up until April 2015?

Could you also tell me how many claims against the department in each year were successful?

B

How much has been paid in out-of-court settlements by the States to current or previously looked after children who have alleged some kind of issue with the care they received by the Health and Social Services Department since 2012?

Could you please breakdown the figures to tell me the sum awarded per person for each year for 2012, 2013, 2014 and up until April 2015?

Could you also give the reason why the claimant made a claim against the Health and Social Services Department?

Response

The response is split into two categories:

a) civil claims made to the Minister for Health and Social Services on behalf of current or previously looked after children and

b) claims received under the Historic Abuse Redress Scheme in relation to previously looked after children. 
 
Where there are very small numbers involved, the response will be ‘less than five’  to avoid possible identification.

Where a claim is covered by insurance, payments are made by the States insurer.

A

a) Fewer than five claims for compensation were made in 2012 by current or previously looked-after children to the Health and Social Services Department.

b) No claims were made in other years within the question date parameters. No claim was resolved within the question date parameters. 

c) 132 claims were received under the Historic Abuse Redress Scheme (the “Scheme”), which was established to pay financial compensation to the survivors of physical and sexual abuse suffered in the States of Jersey full-time residential care from 9 May 1945 to 31 December 1994.

The Scheme was open to receive claims for financial compensation from 29 March 2012 to 30 September 2012.

125 claims were resolved, with financial compensation paid under the Scheme. Seven claims were either withdrawn by the applicant, or rejected from the Scheme.

B

a) There have been fewer than five settlements made within the question date parameters. The financial compensation awarded to a claimant and any specifics of the matter are confidential under the terms of the settlement. The Minister would be in contempt of Court in providing further information. Further information is exempt under under Article 29 (c) of the Freedom of Information (Jersey) Law 2011.

b) The total sum of the financial compensation awarded under the scheme was £2,146,500, with an additional £150,560 being allocated and held by the scheme lawyers so that the claimants in question may receive therapy. Any unused therapy monies remain the property of the States of Jersey.

The financial compensation awarded to specific claimants is confidential under the terms of the Scheme.

Exemptions applied

Article 29 Other prohibitions or restrictions

Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it –

(a) is prohibited by or under an enactment;

(b) is incompatible with a European Union or an international obligation that applies to Jersey; or

(c) would constitute or be punishable as a contempt of court.