Author Topic: Compensation for Abused at Haut de la Garenne  (Read 2459 times)

Offline Calimachon

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Compensation for Abused at Haut de la Garenne
« on: March 29, 2012, 10:20:05 PM »
They say it is anticipated that about 100 (although according to one website I looked at the figure should be in the region of 192 victims) so victims will seek compensation and that the highest amount that they could be awarded, depending on the scale of abuse that they suffered will be £60,000.   This figure is only what is available at the highest end of the scale.

http://www.breakingnews.com/item/ahZzfmJyZWFraW5nbmV3cy13d3ctaHJkcg0LEgRTZWVkGM7RxQcM/2012/03/29/victims-of-child-abuse-at-jersey-care-homes-including-haut-de-la-gare

In my opinion the figure should be more like £400,000 when you look at the situation from their point of view.  At the time they suffered the abuse they could have purchased a great deal with £60,000 and if they had not suffered abuse their lives may have panned out differently and they may have held down good jobs and presently own houses.  When you think of the cost of a house now if they receive the maximum sum due to long term serious abuse that sum won't purchase them very much will it - not likely to give them a comfortable life with the cost of elderly care in Jersey.

The other thing that I am more than surprised about is the legal firm chosen to put forward the compensation scheme.  http://www.mourantozannes.com/ .  This firm historically comes out of Mourant, du Feu & Jeune who was headed by a person who was responsible for Haut de la Garenne between 1971 and 1984.

http://www.dailymail.co.uk/news/article-521531/Ex-Jersey-childrens-home-worker-tried-intimidate-victim-keeping-quiet.html

They should have used a totally independant legal firm to come up with a scheme.  I do hope that no one takes them up on their offer and that the abused take matters into their own hands and get better terms for the ordeal they have gone through.

I look forward to hearing moves to have an independent inquiry which according to Senator Ian Gorst will be commencing sometime within the next six weeks. 



« Last Edit: March 29, 2012, 10:25:03 PM by Calimachon »
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Offline iruka

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Re: Compensation for Abused at Haut de la Garenne
« Reply #1 on: March 29, 2012, 10:53:29 PM »
In my opinion the figure should be more like £400,000 when you look at the situation from their point of view.  At the time they suffered the abuse they could have purchased a great deal with £60,000 and if they had not suffered abuse their lives may have panned out differently and they may have held down good jobs and presently own houses. 

That depends on the level of abuse, and when you see some of the "abuse" alleged, then £60k starts to look a bit silly. Not denying that there are some genuine cases, as evidenced by the trials. However, I am still not sure that such seriously troubled individuals would have been "holding down good jobs" either way.

Quote
I look forward to hearing moves to have an independent inquiry which according to Senator Ian Gorst will be commencing sometime within the next six weeks.

That would be good. Long overdue. Although I doubt it will be efficacious in any way.

Iruka


Offline Calimachon

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Re: Compensation for Abused at Haut de la Garenne
« Reply #2 on: March 29, 2012, 11:00:20 PM »
They say it is anticipated that about 100 (although according to one website I looked at the figure should be in the region of 192 victims) so victims will seek compensation and that the highest amount that they could be awarded, depending on the scale of abuse that they suffered will be £60,000.   This figure is only what is available at the highest end of the scale.

http://www.breakingnews.com/item/ahZzfmJyZWFraW5nbmV3cy13d3ctaHJkcg0LEgRTZWVkGM7RxQcM/2012/03/29/victims-of-child-abuse-at-jersey-care-homes-including-haut-de-la-gare

In my opinion the figure should be more like £400,000 when you look at the situation from their point of view.  At the time they suffered the abuse they could have purchased a great deal with £60,000 and if they had not suffered abuse their lives may have panned out differently and they may have held down good jobs and presently own houses.  When you think of the cost of a house now if they receive the maximum sum due to long term serious abuse that sum won't purchase them very much will it - not likely to give them a comfortable life with the cost of elderly care in Jersey.

The other thing that I am more than surprised about is the legal firm chosen to put forward the compensation scheme.  http://www.mourantozannes.com/ .  This firm historically comes out of Mourant, du Feu & Jeune who was headed by a person who was responsible for Haut de la Garenne between 1971 and 1984.

http://www.dailymail.co.uk/news/article-521531/Ex-Jersey-childrens-home-worker-tried-intimidate-victim-keeping-quiet.html

They should have used a totally independant legal firm to come up with a scheme.  I do hope that no one takes them up on their offer and that the abused take matters into their own hands and get better terms for the ordeal they have gone through.

I look forward to hearing moves to have an independent inquiry which according to Senator Ian Gorst will be commencing sometime within the next six weeks.

Regarding your comment about seriously troubled individuals holding down good jobs.  My view is, it is possible that the victims would not have been seriously troubled individuals if they had not been abused in the first place.  This could have happened to any one of us if, because of no fault of our own, for example having come from a loving home but both parents had died and no one else to look after them, to be forced into a situation where they were abused.  Not all the victims came from dysfunctional families.  Apart from the fact that I have met people who would openly admit that they came from dysfunctional families but have prospered in spite of that fact, or even because of it.

It is so wrong to assume.

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Offline danrok

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Re: Compensation for Abused at Haut de la Garenne
« Reply #3 on: March 29, 2012, 11:05:49 PM »
Note that they are to be offered compensation of up to £60K.

I am sure some of them could sue for more, if they want to go down that road.

Offline Jerry Gosselin

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Re: Compensation for Abused at Haut de la Garenne
« Reply #4 on: April 01, 2012, 05:43:44 PM »
I notice that this compensation scheme does not apply to persons who were abused but are now dead. This is very unfair, particularly if there are surviving relatives who can provide some meaningful evidence that the matter was reported to the authorities at the time, or mentioned by the abused person- perhaps in a letter- to another person at a later date. A dead person's education records might also provide some evidence but does anyone even know if a relative has a right to inspect such records? I'm not even sure if I have a right to inspect my own!

It is always a possibility that some of these people committed suicide as a result of that abuse. If there is reasonable evidence that can be provided by relatives which pre-dates the 2008 events (in other words before there was any realistic expectation that the abuse would be investigated and compensation offered) then these cases should not be prevented from proceeding to the next stage just because the person claiming abuse has died.

As the scheme covers abuse from 1945, many of those with potential claims from that early period will now be dead or living elsewhere in the world, so it will just be the very 'lucky' few who manage to get compensation for anything that took place in the 1940's or 1950's.

What if a person who has complained about abuse since 2008 (and maybe contacted a lawyer to represent them) has died since then?  Can the claim still proceed even though they haven't completed the new claim form?

http://www.gov.je/Government/Departments/HealthSocialServices/Pages/HistoricAbuseRedress.aspx

Offline boatyboy

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Re: Compensation for Abused at Haut de la Garenne
« Reply #5 on: April 01, 2012, 09:21:49 PM »

A good observation Jerry, also hypocritical of the states if the abused person has a close family.

The reason I mention this, is a friend who married very late in life recently lost his wife who worked for the states.

He now gets half her pension until he dies, even though they were married for a mere handful of years.

Is he any more deserving than the abuse victims close family.

BB

Offline Jerry Gosselin

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Re: Compensation for Abused at Haut de la Garenne
« Reply #6 on: April 02, 2012, 09:15:50 PM »
Thanks for replying, Boatyboy. It is interesting to note how, with the exception of your response, everything goes deadly quiet when one tries to focus on the needs of the victims themselves, rather than on the wider political slanging match about whether certain political personalities and their supporters are right or wrong to accuse other political personalities and their supporters of being involved in a cover-up, or whatever. It is so small-minded and selfish. If any of these people actually cared as much for the victims as they do for their chances of election/re-election in 2014 then surely they would be actively lobbying to get this restriction removed so the dead can be compensated too?

I know of people, now dead, who led tragic lives after growing up in Jersey care homes during the 1940's. They grew up to be dishonest, went on to become alcoholics and lost touch with their original families due to their lifestyles and reckless behaviour. They died young. The question that has to be asked is whether the care system played a part in how bad they turned out, or whether they would have turned out bad anyway, but to me, the evidence against the care system looks quite damning. What I don't know is whether any such individuals ever claimed to have actually been abused while in care. If they did and credible evidence still exists, then their next of kin should not be prevented from claiming compensation just because it took the States so many decades to start a proper investigation that many have subsequently died.
« Last Edit: April 02, 2012, 09:20:45 PM by Jerry Gosselin »

Offline Bachus

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Re: Compensation for Abused at Haut de la Garenne
« Reply #7 on: April 05, 2012, 10:15:37 PM »
Since my Grandfather was at Dunkirk, had the undoubtedly stressing experience of being bombed , shot at and the horrendous experience of seeing tens if not hundreds of his regiment die ,perhaps I should be allowed to litigate against the Germans for the anguish caused to my familly?
Nice one JERRY Gosselin ,a fair comment , but when do I sue the Romans for destroying my wheat crop ,bu building Hadrians wall in my garden?
Get a grip! Sometimes History is just that, let it go.

Offline imacrappaud

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Re: Compensation for Abused at Haut de la Garenne
« Reply #8 on: April 06, 2012, 01:39:31 AM »
There is something missing though from your post Bacchus and that is that the attrocities that the victims of child abuse suffered was during peacetime. a time when the war was over and every man woman and child had hoped would bring peace to not only the world but also their lives.

What your grandfather fought for by the way.

Unfortunately that did not happen for some children. Maybe we should just bury it and say, why should anyone care for what your grandfather fought for, shit happens just let it go.

Offline Chevalier Blanc

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Re: Compensation for Abused at Haut de la Garenne
« Reply #9 on: April 06, 2012, 04:13:07 PM »
Bacchus you are not by any chance spartacus?
Reason why i ask is that your comments and views are very much like that awful spartacus.