The Abuse Redress Rules 2026
Established procedural rules, payment assessment frameworks, appeal structures, and legal fee arrangements for the Church of England abuse redress scheme.
Establishes the administrative and procedural framework for claims submitted under the Church of England's Abuse Redress Measure 2025.
Defines qualifying categories of abuse, procedural requirements for oral and written applications, and exceptions where parallel court proceedings are active. Introduces a standardized five-step formula to calculate redress payments based on abuse severity, aggravating circumstances, and impact, and provides for non-financial remedies.
Prescribes rules for appeals, pauses, legal fee contributions, and the recovery of erroneous payments.
Applies to abuse claimants, legal representatives, Church of England bodies, the redress body, and appeal authorities.
Arguments For
Standardizes the definitions and procedural requirements for redress claims regarding Church of England abuse, including sexual, physical, psychological, emotional, spiritual, financial, and institutional neglect.
Establishes an objective five-step assessment tariff to calculate redress payments based on severity of abuse, aggravating factors, and personal impact, ensuring consistency and transparency across awards.
Guarantees a £5,000 contribution towards legal costs (plus VAT) funded by the Archbishops' Council for applicants with legal representation, preventing legal fees from eroding an applicant's redress payment unless separately agreed.
Provides structured mechanisms for children and individuals lacking mental capacity to bring claims through certified appropriate adults or authorized representatives.
Creates a formal independent appeals and reconsideration process to correct decisions marred by serious irregularities or altered by new evidence.
Arguments Against
Restricts the definition of neglect and maltreatment strictly to abuse taking place within children's homes or residential schools managed by the Church of England, excluding neglect in other ecclesiastical settings.
Imposes a deduction under Step 5 of the Schedule for compensation received previously from court claims or settlements, which could eliminate entitlement to redress payments for some historical claimants.
Fixes legal fees at £5,000, which critics or legal practitioners may argue is insufficient to cover the costs of complex, protracted, or multi-faceted historical abuse cases.
Sets strict operational deadlines, such as an automatic six-month lapse if an applicant does not respond to an award offer, or mandatory withdrawal after six months of an applicant-initiated pause, potentially disadvantageous to vulnerable claimants.
Part 1 INTRODUCTION
Citation, commencement and interpretation
- 1.-(1) These Rules may be cited as the Abuse Redress Rules 2026.
- (2) These Rules come into force immediately after the commencement of section 3 of the Abuse Redress Measure 2025.
- (3) The Abuse Redress Measure 2025 is referred to in these Rules as "the Measure".
Names the rules and ties their commencement directly to the date when section 3 of the Abuse Redress Measure 2025 comes into force.
Defines the term "the Measure" as referring to the Abuse Redress Measure 2025 throughout the text.
Part 2
ENTITLEMENT TO REDRESS
Categories of abuse
2.-(1) This rule makes provision for the purposes of section 4(4)(b) of the Measure.
(2) The "sexual abuse" by one person (A) of another (B) includes-
(a) the use by A of coercion or physical force to cause B to engage in sexual activity without B's consent;
(b) the penetration by A of B's vagina, anus or mouth with a part of A's body or anything else without B's consent;
(c) the sexual touching by A of B without B's consent;
(d) the use by A of coercion or physical force to expose B to pornography or to sexual activity taking place in person;
(e) the exposure by A to B of A's genitals;
(f) conduct by A towards B of a kind which comes within section 67 or 67A of the Sexual Offences Act 2003(2) (voyeurism, upskirting).
(3) The "physical abuse" by one person (A) of another (B) includes the deliberate infliction by A of physical pain or injury on B, whether by hitting, smacking, kicking, slapping or stabbing or by some other means.
(4) The "psychological or emotional abuse" by one person (A) of another (B) includes conduct-
- (a) which is characterised by a deliberate and systematic pattern of controlling or manipulative behaviour by A towards B, and
- (b) which involves an attempt by A to frighten, control or isolate B by, for example-
- (i) spreading rumours about B which a reasonable person would think could cause serious damage to B's reputation, or
- (ii) subjecting B to treatment that is inconsistent with A's treatment of others and has the effect of undermining B's self-identity.
(5) The "spiritual abuse" by one person (A) of another (B) is a form of psychological or emotional abuse which is carried out by A in a religious context and which has the effect of-
- (a) harming B's spiritual well-being, or
- (b) legitimising or facilitating the abuse of B that comes within another category in section 4(2) of the Measure.
- (6) The "neglect and maltreatment" by one person (A) of another (B) is conduct-
- (a) which is characterised by a failure by A to meet B's physical or psychological needs to an extent likely to result in the serious impairment of B's health or development, and
- (b) which takes place when B is present in a children's home or residential school managed by the Church of England.
(7) The "financial abuse" by one person (A) of another (B) is limited to conduct by A towards B which-
- (a) causes B to suffer direct financial loss, and
- (b) provides a direct financial benefit to A or another person.
Defines the specific categories of qualifying abuse recognized by the redress scheme.
Covers non-consensual sexual acts, deliberate physical harm, controlling psychological behavior, spiritual abuse within a religious context, neglect occurring within Church-run residential institutions or schools, and direct financial exploitation.
Establishes the factual thresholds claimants must meet to satisfy statutory abuse definitions.
Application for redress: procedure
3.-(1) An application for redress under section 3 of the Measure-
(a) may be made in writing, or
(b) may be made orally by means of such facility for making the application by telephone as the redress body arranges to provide.
(2) An application made in writing-
(a) must be verified by a statement of truth made by the applicant, and
(b) must be submitted-
(i) by means of the online facility provided by the redress body, or
(ii) if that facility is not available or the applicant is unable to use it, by such other means as the redress body may permit.
(3) An application made orally-
- (a) must be verified by a statement of truth made by the applicant, with the statement to be submitted in accordance with paragraph (2)(b), and
- (b) must be recorded in writing by the person who provides the facility referred to in paragraph (1)(b).
(4) The application must be accompanied by-
- (a) evidence of the applicant's identity (including, if the applicant's name has changed since the abuse took place, evidence of the change of name sufficient to satisfy the redress body), and
- (b) evidence of the applicant's postal address.
(5) The application may be accompanied by any other material, in any form, which the applicant considers relevant to the application.
(6) The application is to be regarded as being made on the day on which it is received by the redress body.
(7) An application made orally-
- (a) is to be treated for the purposes of paragraph (4) as being accompanied by the evidence required by that paragraph as soon as that evidence is provided to the redress body in the manner specified in paragraph (2)(b), and
- (b) is to be treated for the purposes of paragraph (6) as received by the redress body on the day on which the statement of truth required by paragraph (3)(a) and the evidence required by paragraph (4) are provided to the redress body.
(8) Where the application is made for a person who lacks capacity to make it by a person who has authority to do so for that person under the Mental Capacity Act 2005(3), the application must be accompanied by evidence of the authority.
Outlines how an applicant submits an application for redress, permitting either written submissions through an online portal or oral submissions via telephone.
Requires all applications to include a formal statement of truth, proof of identity, evidence of name changes where applicable, and address verification.
Requires individuals acting on behalf of adults who lack mental capacity to submit legal proof of their authority under the Mental Capacity Act 2005.
Application for redress: final date
- The date specified under section 9(3) of the Measure as the final date for which an application for redress under section 3 of the Measure may be made is the first day of the final nine months of the period determined under section 9(2) of the Measure.
Sets the application deadline for the redress scheme.
Fixes the final cutoff date as the first day of the last nine months of the overall scheme period specified under the primary Measure.
Application for redress: exceptions to entitlement
5.-(1) An application for redress under section 3 of the Measure may not (subject to paragraph (3)) be made if proceedings on a claim for a sum of money arising from a relevant matter brought by the applicant for redress are pending before a court or tribunal.
(2) A "relevant matter" is a matter on which an application for redress under section 3 of the Measure could be based but for paragraph (1).
(3) Paragraph (1) does not prevent an application for redress under section 3 of the Measure if the claim in question is-
- (a) stayed pending determination of the application, or
- (b) withdrawn or discontinued.
(4) An application for redress under section 3 of the Measure may not be made if an application for redress under that section relating to the same abuse has previously been made by the applicant and-
- (a) the application was granted and the determination was notified to the applicant (including in a case where an award of redress lapsed under rule 11(2)), or
- (b) the application was not granted but the determination not to grant it was reversed on an appeal under section 15 of the Measure.
Bars applicants from seeking redress if active monetary legal claims regarding the same abuse are currently pending before a civil court or tribunal, unless those court proceedings have been formally stayed, withdrawn, or discontinued.
Prohibits repeat applications for the same abuse if an earlier application was already granted or successfully secured on appeal.
Application on behalf of child
6.-(1) In making an appointment of a person as an appropriate adult for a child under section 7(1) of the Measure on an application for redress under section 3 or on an appeal under section 15, the redress body is entitled to rely solely on a certificate given in writing by that person-
(a) which states that the person-
- (i) can fairly and competently make and proceed with the application or bring the appeal,
- (ii) has no interests adverse to those of the child, and
- (iii) has no interests adverse to those of the redress body, and
- (b) which is verified by a statement of truth made by the person.
(2) But an appointment under paragraph (1) does not take effect unless and until the appeal authority, having had the certificate under paragraph (1) referred to it by the redress body, is satisfied-
- (a) that the person to whom it relates meets the conditions in paragraph (1)(a), and
- (b) that the statement of truth is valid.
(3) A person appointed as an appropriate adult must, when making an application for redress under section 3 of the Measure or an appeal under section 15, certify in writing that the person meets the conditions in paragraph (1)(a); and the certificate must be verified by a statement of truth made by the appointed person.
(4) For the purposes of section 7(2)(b) of the Measure, a decision by the redress body that it is not feasible to appoint an appropriate adult may be made only if a period of at least six months has elapsed since the redress body began the process of identifying a person whom it would be feasible to appoint.
(5) A certificate under paragraph (3) is to be treated for the purposes of the application or appeal to which the certificate relates as conclusive evidence of the matters stated in it.
(6) A certificate under paragraph (1) or (3) must be in such form as the Archbishops' Council or the redress body may specify or in a substantially similar form.
Governs the appointment of an appropriate adult to act on behalf of a child claimant in applications or appeals.
Mandates written certification that the individual has no conflicting interests with the child or the redress body, which must be independently confirmed by the appeal authority before taking effect.
Requires the redress body to search for an appropriate adult for at least six months before concluding that an appointment is unfeasible.
Entitlement to continue application where applicant dies
7.-(1) This rule applies to a case within section 8 of the Measure on an application for redress under section 3.
(2) To exercise the entitlement to proceed with the application, the person concerned must give a written notification to the redress body of the intention to proceed with the application.
(3) The notification under paragraph (2) must be accompanied by-
(a) a certified copy of the deceased's death certificate,
(b) evidence of the identity of the person intending to proceed with the application, and
(c) evidence that the relationship between that person and the deceased is of a kind that comes within section 8(3)(a) or (b) of the Measure.
(4) If the redress body is informed that the applicant for redress has died without the application being determined and, in the following three months, nobody expresses an intention to proceed under paragraph (2) with the application, the application is dismissed.
(5) Where there is both a surviving spouse or surviving civil partner and another surviving partner, only that other surviving partner is entitled to proceed with the application.
(6) Where two or more surviving children are entitled under section 8(3)(b) of the Measure to proceed with the application, it may be continued by two or more of those persons acting jointly.
(7) For the purposes of section 8(4) of the Measure, the circumstances in which the deceased's personal representatives are entitled to proceed with the application are those in which they have applied for a grant of probate or letters of administration and are progressing the application with reasonable diligence, the application having been made before the end of-
- (a) 24 months beginning with the date of the death, or
- (b) if the redress body and personal representatives agree a longer period, that longer period.
(8) Accordingly, no person is entitled to act under section 8(3) of the Measure before the end of the period applicable under paragraph (7).
(9) But where a person who is a personal representative is entitled to act under section 8(3) of the Measure, that person may proceed with the application on that basis; and paragraph (7) accordingly does not apply.
(10) The redress body must make arrangements for ensuring that a person entitled to proceed with the application is provided with the documents or other information relating to the application which that person may reasonably require in order to proceed with the application.
(11) Where a person entitled to proceed with the application lacks capacity to do so and the notification under paragraph (2) is given by a person who has authority to do so for that person under the Mental Capacity Act 2005, the notification must be accompanied by evidence of the authority.
Sets out rules for continuing a claim if an applicant dies before their redress application is determined.
Allows qualifying surviving partners, children, or personal representatives to proceed upon providing death certification, identity documents, and proof of relationship.
Dismisses applications if no eligible party gives notice of an intention to continue within three months of learning of the applicant's death.
Withdrawal of application
8.-(1) An applicant for redress under section 3 of the Measure may withdraw the application by giving written notice to the redress body.
(2) The redress body, having received a notice under paragraph (1), must inform any person who would, if an award of redress had been made, have been capable of being an appropriate authority.
(3) An application for redress under section 3 of the Measure may be made in relation to abuse to which an application withdrawn under this rule related.
Permits an applicant to withdraw their redress application by giving written notice to the redress body.
Directs the redress body to inform relevant church authorities of the withdrawal.
Confirms that withdrawing an application does not prevent the person from submitting a fresh application relating to the same abuse at a later date.
Part 3
AWARD OF REDRESS
Request for further material
9.-(1) A request under section 10(2)(b) of the Measure by the redress body for further material on an application for redress under section 3-
(a) must be in writing (even if an oral request for that material has already been made), and
(b) must specify the period within which the redress body wishes the material to be provided to it.
(2) If the material requested is not provided to the redress body within the period specified under paragraph (1)(b), the redress body must send a written notice to the person from whom the material is requested requiring the material to be provided to the redress body within the period specified in the notice.
(3) If the material requested is not provided before the end of the period specified under paragraph (2), the redress body may pause the determination of the application; and, if the redress body does so, it must specify the time at which or circumstances in which the determination of the application is to be resumed.
(4) If the material requested is not provided before the end of the period specified under paragraph (2) and, where the determination of the application is paused under paragraph (3), not provided before the end of the period of the pause, and the redress body is satisfied that it cannot determine the application without that material, the application is to be treated as withdrawn under rule 8.
Regulates the process when the redress body requests supplementary evidence or documentation from an applicant.
Allows the body to issue formal reminders, pause assessment of the claim, or deem the application withdrawn if critical information is withheld and a determination cannot be reached without it.
Determination of application
10.-(1) The determination of an application for redress under section 3 of the Measure and the reasons for the determination must be notified by the redress body in writing to the applicant's lawyer or, if the applicant does not have a lawyer, to the applicant (even if notification has already been given orally).
(2) The written notification under paragraph (1) must include an explanation of the right of appeal under section 16 of the Measure.
Requires the redress body to deliver written notice of its formal determination and reasoning to the applicant's legal representative or directly to the applicant.
Mandates that the notification clearly explain the statutory right to appeal.
Determination of award of redress
11.-(1) Where, on an application for redress under section 3 of the Measure, the redress body makes an award of redress (whether in the form of a redress payment or some other remedy), it must, when giving the written notification under rule 10(1), invite the applicant to indicate-
- (a) whether the applicant wishes to accept, or wishes not to accept, the award,
- (b) in so far as the award consists of a redress payment and the applicant wishes to receive the payment, whether the applicant would prefer to receive the payment as a single lump sum or by instalments, and
- (c) if the applicant indicates under sub-paragraph (b) a preference for receiving the payment by instalments, the frequency with which the applicant would wish the instalments to be paid (but see rule 14(2)(b)).
(2) If the applicant does not reply to the invitation before the end of six months beginning with the date of the notification under rule 10(1), the award lapses.
(3) Where personal representatives proceeded with the application by virtue of rule 7(7), the award forms part of the deceased's residuary estate.
(4) In deciding the form or content of the remedy, the redress body must have due regard to guidance prepared by the Archbishops' Council on the provision of remedies other than redress payments (see section 22(3) of the Measure).
Requires the redress body to give successful applicants the option to accept or reject an award, and to choose between a lump sum or instalment payments.
Causes the award to lapse automatically if the applicant fails to respond within six months.
Directs that awards pursued by personal representatives become part of the deceased's residuary estate, and obliges the body to consult Archbishops' Council guidance regarding non-financial remedies.
Determination of award of redress: aggravating factors
12.-(1) This rule sets out factors which are to be regarded as aggravating for the purposes of section 12 of the Measure on an application for redress under section 3.
(2) In a case where the person who suffered abuse reported to one or more Church officers that the abuse had been committed, each of the following is to be regarded as an aggravating factor-
- (a) one or more Church officers disbelieved the report of the abuse;
- (b) one or more Church officers did not co-operate with ensuing investigations;
- (c) one or more Church officers made threats to the person who suffered the abuse in order to discourage that person from disclosing the abuse to others;
- (d) one or more Church officers who knew that the person who committed the abuse had the propensity to commit abuse did not do anything to prevent the person from committing abuse.
(3) In a case where more than one person committed abuse, that fact is to be regarded as an aggravating factor.
(4) In a case where the person who suffered abuse was aged under 18 when abuse to which the application relates was carried out, that fact is to be regarded as an aggravating factor.
(5) "Church officer" has the meaning given in section 5 of the Measure.
Identifies aggravating factors that increase financial redress amounts.
These include Church officers disbelieving reports, obstructing investigations, making threats to silence victims, or failing to act when knowing a perpetrator's propensity to abuse.
Designates abuse involving multiple perpetrators and abuse committed against a minor under 18 as statutory aggravating factors.
Determination of amount of redress payment
13.-(1) To determine the amount of a redress payment on an application under section 3 of the Measure, the redress body must take the steps set out in the Schedule (so far as they are applicable).
(2) In the Schedule, "the assessment framework" means the document referred to in section 29(7) of the Measure.
(3) In a case where the applicant is not the person who suffered the abuse to which the application relates, the references in the Schedule to the applicant are to be read as references to the person who suffered the abuse.
Requires the redress body to calculate financial awards by following the multi-step calculation process detailed in the Schedule.
Notes that where an application is brought by a representative or surviving family member, assessment criteria apply directly to the person who suffered the abuse.
Making redress payment
14.-(1) This rule applies where the redress body awards a redress payment on an application under section 3 of the Measure.
(2) The payment may be made-
- (a) as a single lump sum, or
- (b) by no more than three equal instalments over the period of twelve months beginning with the day on which the amount of the redress payment is determined.
(3) The payment may not be made after the end of the period provided for under section 9(2) of the Measure.
(4) But if it is not possible for the payment to be made in full before the end of that period, it must (in so far as not made before the end of that period) be made as soon as is reasonably practicable after the end of that period.
(5) The redress body must, subject to paragraphs (6) to (9), arrange for the payment to be made to the bank account details of which have been provided by the applicant or the applicant's lawyer.
(6) Paragraph (7) applies where-
- (a) the redress body determines under section 12(1) of the Measure that a redress payment is to be made to the applicant, and
- (b) the applicant notifies the redress body that the applicant wishes the payment to be held on trust for a specified person on the terms specified (and the person whom the applicant specifies may be the applicant himself or herself).
(7) The redress payment may not be made unless and until arrangements are in place for the payment to be held on trust for the person and on the terms specified in the notification under paragraph (6)(b).
(8) But where the application for redress has been continued under section 8(3) of the Measure (continuation by surviving partner or surviving child), the redress payment is to be held by the applicant on trust to the order of the deceased's personal representatives, unless the appeal authority certifies in accordance with paragraphs (9) to (11) that that would be contrary to the interests of justice.
(9) The redress body must refer each application that has been continued under section 8(3) of the Measure to the appeal authority for it-
- (a) to determine whether it would be in, or would be contrary to, the interests of justice for the redress payment to be held as mentioned in paragraph (8), and
- (b) to certify its determination in writing.
(10) If the appeal authority certifies that it would be in the interests of justice for the redress payment to be held as mentioned in paragraph (8), the redress payment may be made only when the personal representatives request the redress body to make it; and the redress body must not grant a request unless the personal representatives provide a sealed copy of the grant of probate or the grant of letters of administration.
(11) If the appeal authority certifies that it would be contrary to the interests of justice for the redress payment to be held as mentioned in paragraph (8), the redress payment is to be made to the applicant in accordance with paragraphs (2) to (7).
(12) In the case of an application continued by virtue of section 8(2) of the Measure, the reference in paragraph (8) to the deceased is a reference to the person who brought the application for redress under section 3 (and not to the person who continued that application by virtue of section 8(1)).
Outlines how financial payments are disbursed, permitting a single lump sum or up to three equal instalments within 12 months.
Accommodates requests to place compensation in trust.
Specifies that when claims are continued by surviving family members, funds are held on trust for the estate's personal representatives unless the appeal authority determines this would be contrary to the interests of justice.
Recovering redress payment made in error etc.
15.-(1) If the redress body discovers that a redress payment has been made in error, it must inform the recipient of the payment that it requires the amount specified by the redress body to be repaid within the period specified by it.
(2) If the redress body discovers that a redress payment has been made to a person who the redress body is satisfied knowingly provided false information in making the application for redress, the redress body must inform the recipient of the payment that it requires the amount specified by the redress body to be paid within the period specified by it.
(3) In a case within paragraph (1) or (2), the redress body may permit the recipient to make the repayment by instalments.
(4) The amount of a payment required under paragraph (1) or (2) is recoverable by the redress body as a debt due to it.
Empowers the redress body to demand full repayment where payments were disbursed mistakenly or obtained by knowingly providing false information.
Authorizes the body to agree repayment by instalments, and classifies unreturned sums as recoverable civil debts due to the redress body.
Remedy other than redress payment
16.-(1) This rule applies where the redress body on an application under section 3 of the Measure awards a remedy other than a redress payment (whether or not the award consists also of a redress payment).
(2) The remedy may be provided on a one-off basis, on more than one occasion or in stages.
(3) The remedy may not be provided after the end of the period provided for under section 9(2) of the Measure.
(4) But if it is not possible for the remedy to be provided in full before the end of that period, it must (in so far as not provided before the end of that period) be provided as soon as is reasonably practicable after the end of that period.
Regulates the provision of non-monetary redress remedies, which can be delivered either as a single event, on recurring occasions, or in stages.
Requires remedies to be delivered within the statutory scheme period, or as soon as practicable thereafter if full provision before the end of the term is impossible.
Part 4
APPEALS
Application for permission to appeal
17.-(1) An application under section 16 of the Measure for permission to bring an appeal under section 15-
- (a) must be made in writing,
- (b) must specify the grounds of appeal,
- (c) must be verified by a statement of truth made by the applicant, and
- (d) must be submitted-
- (i) by means of the online facility provided by the appeal authority, or
- (ii) if that facility is not available or the applicant is unable to use it, by such means as the appeal authority may permit.
- (2) The application for permission must be made-
- (a) before the end of six months beginning with the day on which the written notification under rule 10(1) is received by the appellant's lawyer or the appellant (as the case may be), or
- (b) if the appeal authority is satisfied that there are exceptional circumstances which justify making the application after the end of that six-month period, as soon as is reasonably practicable after the end of that period.
- (3) Where permission to appeal is granted, the appeal itself stands referred to the appeal authority.
- (4) When granting an application for permission to appeal, the appeal authority-
- (a) may decide that only certain issues are to be subject to appeal, and
- (b) may impose other restrictions or conditions on the appeal.
(5) Where the application for permission to appeal is made for a person who lacks capacity to make it by a person who has authority to do so under the Mental Capacity Act 2005, the application must be accompanied by evidence of the authority.
Establishes the process for requesting permission to appeal a redress decision.
Sets a six-month time limit from the receipt of the initial determination, subject to extensions for exceptional circumstances.
Allows the appeal authority to limit appeals to specific questions or impose procedural conditions.
Appointment of persons to assist appeal authority with deciding appeal
18.-(1) In deciding whether to make an appointment under section 17(3) of the Measure, or whom to appoint, the appeal authority must consider what would be in the interests of justice in all the circumstances of the appeal.
(2) To facilitate decisions under paragraph (1), the Archbishops' Council may compile a list of persons willing to assist on appeals under the Measure, each of whom has a relevant expertise; and for that purpose, "relevant expertise" includes expertise in-
- (a) medicine or other matters relating to health care;
- (b) psychology;
- (c) law;
- (d) social work;
(e) social and public policy.
(3) An expertise is capable of being relevant whether it is based on practical experience or on academic study.
Authorizes the appeal authority to appoint specialist advisers to assist with complex appeals when necessary in the interests of justice. Permits the Archbishops' Council to maintain a panel of qualified experts across medical, psychological, legal, social work, and public policy disciplines.
Withdrawal of appeal
19.-(1) An appellant may withdraw the appeal by giving written notice to the appeal authority.
(2) The appeal authority, having received a notice under paragraph (1), must inform any person who could, if an award of redress had been made, have been an appropriate authority.
Permits an appellant to formally withdraw an appeal by delivering written notice to the appeal authority.
Directs the authority to notify any affected Church bodies who would have been liable or involved had an award been granted.
Hearing of appeal
20.-(1) The appeal authority may not receive oral evidence or evidence which was not before the redress body, unless the appeal authority orders otherwise.
(2) The appeal authority must allow an appeal where the decision of the redress body was wrong or was unjust because of a serious irregularity in the determination of the application.
(3) The appeal authority may draw inferences of fact which it considers justified on the evidence.
(4) The appeal authority may, subject to the provisions of the Measure and these Rules, regulate its own procedure.
Limits appeal hearings primarily to written reviews of the existing record, barring fresh evidence or oral testimony unless specifically ordered.
Obliges the authority to uphold an appeal only if the original decision was erroneous or tainted by serious procedural irregularity, while giving it procedural flexibility.
Part 5
RECONSIDERATION IN LIGHT OF NEW INFORMATION
Determination on reconsideration
21.-(1) In a case where section 18 of the Measure applies on an application for redress under section 3, the applicant or other person may give the information in question to the redress body for it to reconsider the application for redress.
(2) In making its determination on the reconsideration, the redress body may follow such procedure as it thinks appropriate.
(3) The determination on the reconsideration and the reasons for the determination must be notified by the redress body in writing to the applicant (even if notification has already been given to the applicant orally).
Permits claimants or other persons to submit new evidence to the redress body to trigger a reconsideration of a previously decided redress application.
Gives the body discretion over reconsideration procedures, but requires that decisions and detailed reasoning be notified in writing.
Appeal against determination on reconsideration
22.-(1) In a case where section 18 of the Measure applies on an application for redress under section 3, the applicant may appeal against the determination by the redress body on its reconsideration of the application.
(2) The appeal is to be limited to a review of the determination of the reconsideration.
(3) The appeal is to be determined by a person eligible for appointment under section 16(1) of the Measure; and section 16(2) and (3) of the Measure applies accordingly.
(4) Section 17(3) to (7) of the Measure applies to the appeal as it applies to an appeal against the determination of an application for redress.
(5) The appeal must be made before the end of one month beginning with the date of the notification under rule 21(3).
(6) Part 4 of these Rules applies to the appeal as it applies to an appeal against the determination of an application for redress.
Allows applicants to appeal a decision made following reconsideration.
Limits the appeal to a formal review of the reconsideration determination, imposes a strict one-month deadline from the reconsideration notice date, and applies standard appeal procedures.
Part 6
THE REDRESS FUND
Action to anticipate breach of charitable duties
- Each of the following is a matter by reference to which the Archbishops' Council may be satisfied that current circumstances are such as are referred to in section 20(1) of the Measure-
- (a) the most recently published financial statements of the Council;
- (b) the level of the Council's reserves at the time at which the Council issued the certificate under section 20 of the Measure;
- (c) statements of accounting principles or standards for the time being issued by the Financial Reporting Council Limited (a company limited by guarantee);
- (d) statements of recommended practice on financial reporting;
- (e) guidance or advice for the time being issued by the Charity Commission;
- (f) guidance or advice for the time being issued by His Majesty's Revenue and Customs;
- (g) other guidance or advice on good industry practice;
- (h) an opinion of a person professionally qualified as an accountant or auditor.
Lists the financial standards, reserve figures, and accounting guidance that the Archbishops' Council may evaluate to determine whether funding redress liabilities poses an imminent risk of breaching its duties under charity law.
Request for contribution
24.-(1) The total amount of a contribution received from an appropriate authority on a request under section 21(1)(a) of the Measure must not exceed 25% of the amount of the redress payment.
(2) It is for the appropriate authority, having received the request, to decide-
- (a) whether to make a contribution,
- (b) if it decides to do so, the amount of the contribution,
- (c) whether to make the contribution by a single payment or by instalments,
- (d) if it decides to pay by instalments, the amount and frequency of each instalment.
(3) For the purposes of section 21(6) of the Measure, the person specified is the Dean and Chapter of the Cathedral Church of Christ in Oxford of the Foundation of King Henry VIII.
Caps voluntary financial contributions requested from relevant church bodies at 25 percent of a total redress payment.
Leaves decisions regarding whether to contribute, the amount, and instalment schedules to the discretion of the church authority, and specifically includes Christ Church Cathedral, Oxford within the scheme's contribution scope.
Part 7
MISCELLANEOUS
Information sharing: objections to disclosure
25.-(1) A person ("the objector") may object under section 26(3) of the Measure to providing items of evidence specified in a notice under section 26(2) on any grounds on which the person would be entitled to do so under the data protection legislation or in proceedings in the High Court.
(2) The objection must indicate, by reference to each item specified in the notice, whether the objector objects to providing it or is willing to do so.
(3) The objection must, in the case of each item which the objector objects to providing, specify the grounds on which the objection is made, including the legal basis of the objection.
(4) The objection must, in the case of each item which the objector is willing to provide, specify the date by which the objector expects to do so.
(5) The objection-
- (a) may be made in writing, or
- (b) if the redress body arranges to provide a telephone facility for making the objection, may be made orally by using that facility.
(6) The objection must be made before the end of 14 days beginning with the day after the objector receives the notice.
(7) The redress body, having determined the objection, must notify the objector of its decision-
- (a) in the case of each item which the objector objects to providing, on whether to accept the objection and, if the redress body decides not to accept it, the date by which it requires the item to be provided, and
- (b) in the case of each item which the objector is willing to provide, on whether to accept the date which the objector specified for the purpose of paragraph (4) and, if the redress body decides not to accept it, the date by which it requires the item to be provided.
(8) The notification under paragraph (7) must specify the reasons for each decision by the redress body.
(9) The redress body may regulate its own procedure in determining an objection under section 26(3) of the Measure.
(10) In discharging the duty under section 26(1) of the Measure or in responding to a notice under section 26(2), the appropriate authority must have due regard to any guidance on the matter which the Archbishops' Council may prepare and from time to time revise.
Allows recipients of evidence requests to raise formal legal objections within 14 days, relying on data protection law or High Court privilege grounds.
Requires itemized objections, provides mechanisms for resolution by the redress body, and obliges church bodies to follow Archbishops' Council data guidance.
Information sharing: onward disclosure
- A disclosure of information provided to the redress body in response to a notice under section 26(2) of the Measure may be made by the redress body in accordance with such protocol on data-sharing as the Archbishops' Council may issue.
Authorizes the redress body to disclose information gathered under statutory notices only in compliance with data-sharing protocols established by the Archbishops' Council.
Pause of application: applicant
27.-(1) The redress body, having received an application for redress under section 3 of the Measure, must, on receiving written notice from the applicant, pause the determination of the application.
(2) If the applicant has not lifted the pause before the end of six months beginning with the day on which the pause began, the application is treated as withdrawn under rule 8.
(3) If the applicant has not lifted the pause before the end of five months beginning with the day on which the pause began, the redress body must notify the applicant in writing that, if the pause is not lifted before the end of the six-month period referred to in paragraph (2), the application will be treated as withdrawn as mentioned in that paragraph.
Obliges the redress body to suspend work on a claim upon receiving a written request from the applicant.
Imposes an automatic withdrawal of the application if the pause remains in effect for six months, subject to a mandatory advance warning sent at the five-month mark.
Pause of application: redress body
- Where, before its determination of an application for redress under section 3 of the Measure, the redress body becomes aware that there is a current issue relating to the safeguarding of the applicant, it may pause the determination of the application for such period as it decides.
Permits the redress body to pause an application on its own initiative for any period it deems necessary if an urgent safeguarding concern regarding the applicant arises.
Lawyers' costs
29.-(1) Where a determination is made under section 12 of the Measure that an award of redress is to be made on an application under section 3 and a lawyer has been acting on the application, the Archbishops' Council must make a payment of £5,000 plus Value Added Tax to the lawyer (but see paragraph (4)), unless the Council is satisfied that there are exceptional circumstances in the case of that application which justify not making the payment.
(2) If the award consists of a redress payment, a lawyer acting for the applicant must certify in writing whether or not the lawyer and the applicant have agreed that the lawyer may deduct some or all of the lawyer's fees from a redress payment awarded to the applicant; and for that purpose, "fees" does not include disbursements or expenses.
(3) A certificate under paragraph (2) is to be treated for the purposes of this rule as conclusive evidence of the matters stated in it; and, accordingly, if the certificate states that there is an agreement between the lawyer and the applicant of the kind referred to in paragraph (2), the Council may not make a payment under paragraph (1).
(4) In so far as the award consists of a redress payment and paragraph (3) does not apply, the Council may not make a payment under paragraph (1) until the redress payment or, where rule 14(2)(b) applies, the first instalment has been paid to the applicant.
(5) Where different lawyers have acted on the application at different times, the Archbishops' Council must make payments under paragraph (1) (totalling the amount specified in that paragraph) of such amounts as the lawyers agree between themselves.
(6) Where an appeal under section 15 of the Measure reverses or varies a determination under section 10 on an application under section 3 and a lawyer has been acting on the appeal (regardless of whether that lawyer, another lawyer or no lawyer acted on the application), paragraphs (1) to (5) of this rule apply to the appeal as they would apply if-
- (a) the determination as reversed or varied had been made on the application, and
- (b) the lawyer acting on the appeal had been acting on the application.
(7) In paragraph (5) as it is applied by paragraph (6), a reference to lawyers includes a reference to lawyers acting on the application.
(8) The redress body may carry out the functions of the Archbishops' Council under this rule on behalf of the Council.
Requires the Archbishops' Council to pay £5,000 plus VAT towards legal representation costs when a claimant receives an award.
Bars this payment if the lawyer and client agreed to deduct fees directly from the redress compensation.
Establishes that payment is disbursed only after the claimant receives compensation, and applies the same funding rule to successful appeals.
Extension of time periods
30.-(1) On an application for redress under section 3 of the Measure, the redress body may, if it considers it necessary to do so, extend the duration of a period provided for by these Rules in relation to the application.
(2) On an appeal under section 15 of the Measure, the appeal authority may, if it considers it necessary to do so, extend the duration of a period provided for by these Rules in relation to the appeal.
Grants the redress body and the appeal authority broad discretionary authority to extend any procedural deadlines specified in the rules whenever necessary.
Procedural irregularities
31.-(1) An application for redress under section 3 of the Measure or an appeal under section 15 is not invalidated by any irregularity resulting from a failure to comply with a provision of these Rules before the determination of the application or appeal.
(2) But if the redress body (on an application for redress) or the appeal authority (on an appeal) considers that a person may have been prejudiced by the irregularity, it may take such steps as it considers necessary for dealing with the irregularity before determining the application or appeal.
Prevents applications or appeals from being automatically invalidated due to procedural errors or failures to follow these rules.
Permits decision-makers to take remedial steps to correct any unfair prejudice caused to participants prior to issuing a final determination.
Guidance on delegated functions
- 32.-(1) Where the Archbishops' Council makes a delegation under section 2(2) or (3) of the Measure, it must provide the delegate with written guidance on the exercise of the delegated functions.
- (2) In the exercise of the delegated functions, the delegate must have due regard to the guidance.
Directs the Archbishops' Council to issue written guidance whenever delegating statutory responsibilities under the Measure.
Imposes a legal duty on appointed delegates to comply with that guidance.
Schedule
Rule 13
AMOUNT OF REDRESS PAYMENT
Step 1
- 1.-(1) Step 1 is-
- (a) to rank the severity of the abuse suffered by the applicant for redress, and
- (b) using the following table, to identify the sum in the second column that corresponds to the ranking specified in the first column for the severity of the abuse-
| Severity of abuse | Step 1 sum | |---|---| | 1 | £5,000 | | 2 | £10,000 | | 3 | £25,000 | | 4 | £35,000 | | 5 | £50,000 | | 6 | £150,000 |
(2) In making the ranking under sub-paragraph (1)(a), the redress body must apply the criteria specified in the assessment framework.
(3) In taking Step 1, the redress body must consider whether, or to what extent, the applicant suffered psychiatric injury in consequence of the abuse.
(4) "Psychiatric injury" means a mental disorder which meets the threshold for diagnosis in accordance with-
- (a) the publication for the time being in force commonly known as "the International Classification of Diseases", or
- (b) the publication for the time being in force commonly known as "the Diagnostic Standard Manual of Mental Disorders".
- (5) The sum identified under sub-paragraph (1)(b) is referred to as "the Step 1 sum".
Establishes Step 1 of the redress calculation, setting a baseline payment ranging from £5,000 for level 1 severity up to £150,000 for level 6 severity.
Requires assessment of psychiatric injury diagnosed under recognized international psychiatric standards (ICD or DSM).
Step 2
- 2.-(1) Step 2 is-
- (a) to rank the severity of the aggravating factors (if any) in the case, with "1" to apply where the case has no aggravating factors, and
- (b) using the following table, to multiply the Step 1 sum by the number specified in the second column that corresponds to the ranking specified in the first column for the severity of the aggravating factors-
| Severity of aggravating factors | Multiply by | |---|---| | 1 | 1 | | 2 | 1.25 | | 3 | 1.5 | | 4 | 2 |
(2) In making the ranking under sub-paragraph (1)(a), the redress body must apply the criteria specified in the assessment framework.
- (3) The sum resulting under sub-paragraph (1)(b) is referred to as "the Step 2 sum".
Establishes Step 2 of the calculation by applying a multiplier to the Step 1 baseline sum based on aggravating factors.
Multipliers range from 1 (where no aggravating factors exist) to 2 (for level 4 aggravating severity).
Step 3
- 3.-(1) Step 3 is-
- (a) to rank the severity of the impact of the abuse on the applicant, and
- (b) using the following table, to add to the Step 2 sum the amount specified in the second column that corresponds to the ranking specified in the first column for the severity of the impact of the abuse as mentioned in paragraph (a)-
| Severity of impact | Amount to add | |---|---| | 1 | £10,000 | | 2 | £20,000 | | 3 | £50,000 | | 4 | £70,000 | | 5 | £100,000 | | 6 | £250,000 |
(2) In making the ranking under sub-paragraph (1)(a), the redress body must apply the criteria specified in the assessment framework.
(3) The sum resulting under sub-paragraph (1)(b) is referred to as "the Step 3 sum" and is the amount of the redress payment, subject to-
- (a) any payment determined under Step 4, and
- (b) if applicable, any adjustment under Step 5.
Establishes Step 3 of the calculation by adding a fixed sum reflecting the long-term impact of the abuse on the applicant's life. Adds between £10,000 for level 1 impact and £250,000 for level 6 impact to the multiplied Step 2 figure.
Step 4
4.-(1) Step 4 is-
- (a) to decide whether there are exceptional circumstances which justify increasing the Step 3 sum, and
- (b) if the decision under paragraph (a) is that there are circumstances of that description, to increase the Step 3 sum by 20%.
(2) In making the decision under paragraph (1)(a), the redress body must apply the criteria specified in the assessment framework.
(3) The sum resulting under sub-paragraph (1)(b) is referred to as "the Step 4 sum" and is the amount of the redress payment, subject to any adjustment under Step 5 (if applicable).
Provides Step 4 of the calculation, permitting an optional 20 percent uplift to the Step 3 subtotal where exceptional circumstances exist under the scheme assessment framework.
Step 5
5.-(1) Step 5 (as to which, see sub-paragraph (3)) arises only if compensation for having suffered abuse to which the redress payment relates has previously been paid to the person who suffered the abuse.
(2) The reference in sub-paragraph (1) to compensation paid for having suffered abuse is a reference to an amount in recognition of abuse suffered that is paid-
(a) in proceedings on a claim,
(b) in settlement of a claim (whether or not proceedings on the claim were brought before a court or tribunal), or
(c) under a statutory or non-statutory scheme or some other arrangement.
(3) Step 5 is to deduct the amount of compensation from the amount of the redress payment except in so far as that would give a number less than zero.
(4) Accordingly, if the amount of the compensation exceeds the amount of the redress payment, the amount of the redress payment is zero.
(5) In a case within sub-paragraph (2)(c), the references in sub-paragraphs (3) and (4) to the amount of compensation do not include-
- (a) an amount paid under the scheme commonly known as "the Interim Support Scheme" established by the Archbishops' Council for the purpose of giving immediate help and support to certain persons who have suffered abuse,
- (b) an amount paid under a scheme established by the Archbishops' Council to replace the Interim Support Scheme, or
- (c) an amount paid for the provision of psychotherapy or counselling.
Outlines Step 5 of the calculation, requiring previous compensation received from civil claims, out-of-court settlements, or other schemes to be deducted from the final redress payment.
Reduces the award to zero if past damages exceed the calculated redress, while exempting Interim Support Scheme payments and psychotherapy funding from being deducted.
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