Church of England Redress Scheme or Civil Claim - Understanding Your Options
If you have experienced abuse connected to the Church of England, you may be wondering whether the Church of England Redress Scheme or civil claim through the courts is the best way to apply.
These are two separate routes, and it is important to understand the differences before making any decision. One of the most significant differences is what happens if you accept compensation through the Church of England Redress Scheme. In most cases, accepting a redress payment means giving up the right to bring a civil claim against the Church for the same abuse in the future.
For many survivors, this is an important decision. Understanding the advantages, limitations, and consequences of each route can help you make an informed choice about what is right for you.
This page explains the key differences between the Church of England Redress Scheme and a civil claim in plain English, so you can better understand your options before taking the next step.
Why You Need to Think Carefully Before Accepting a Scheme Award
The Church of England Redress Scheme and a civil claim are two different ways of seeking compensation for the same abuse.
You can explore both options before making a decision. However, if you accept a payment through the Church of England Redress Scheme, you will usually lose the right to bring a civil claim against the Church for the same abuse in the future.
That is why it is important to understand your options before accepting any award.
Where the Church of England Redress Scheme or Civil Claim options come from in the rules
Section 11 of the Abuse Redress Measure (GS 2325B) says: “(1) Where an award of redress is made under section 9 on an application under section 3: (a) any right to bring civil proceedings to recover compensation in respect of relevant abuse is automatically waived, and (b) any other right under an enactment or rule of law to recover compensation in respect of relevant abuse ceases to have effect.”
In plain terms: once the scheme makes you an award, your right to take the Church to court for that abuse ends by itself. You cannot later take the Church to court for compensation relating to the same abuse.
The rules apply not only to the specific incidents covered by your application, but potentially to other closely connected abuse that falls within the scheme. It is worth knowing what “relevant abuse” means before you commit.
Where relevant abuse comes from in the rules
“Relevant abuse” is defined in Section 11(4) of the Abuse Redress Measure. It covers the abuse the award relates to, any abuse the application related to but for which no award was made, and any other abuse you would have been entitled to apply for under the Measure.
In plain terms: the waiver does not just cover one incident. It can cover the wider abuse your application was about.
A Note About Rules & Measures
Please note that all rules and measures quoted were accurate at time of publication. These are subject to change in line with the Church of England Redress Scheme updates as the General Synod makes revisions ahead of the Scheme going live.
When Does the Decision Become Final?
So when does the door actually close? Not when you apply. It closes when you say yes to the award.
The important decision comes later, when the redress body tells you whether it is making an award and asks whether you wish to accept it. You have six months to make that decision. During that time, you can take advice, ask questions and consider whether the scheme is the right option for you.
Once you accept the award, the civil claim route is closed.
Where accept-or-reject comes from in the rules
Rule 11 of the Abuse Redress Rules 2025 sets out the accept-or-reject step. When the redress body makes an award, it must invite you to say whether you accept. You have six months from the date of notification to reply, and the award lapses if you do not.
In plain terms: you have six months to decide whether to accept the award. Until then, the choice remains yours.
Why Not Try Our Free Church of England Redress Scheme Calculator?
If you are curious about what a future award might look like, our compensation calculator can provide a private estimate based on the statutory tables. It asks for no contact details, stores no information and runs entirely in your browser.
Using the calculator does not affect any future application.
Can You Challenge a Scheme Decision?
Yes. Even after accepting an award, you may still be able to appeal a decision within the scheme or ask for your case to be looked at again if important new information comes to light.
These are part of the scheme's own processes and are different from bringing a claim through the courts.
Where appealing comes from in the rules
Section 11(6) of the Abuse Redress Measure preserves the right of appeal under Section 12 and the right to reconsideration under Section 15 if new information comes to light.
In plain terms: accepting an award does not stop you using the scheme's appeal or reconsideration procedures, but it does stop you bringing a civil claim for the same abuse.
The Two Routes, Side by Side
The Church of England Redress Scheme or civil claim debate is laid out in further detail below. Both do a similar job in very different ways. Here is the honest comparison at a glance.
| What you are comparing | The redress scheme | A civil claim through courts |
| Who can claim | Abuse linked to a church role, set out in statute | Decided by court case law, statute test |
| Proof needed | More likely than not. No conviction or police report required | More likely than not, but with court-level evidence rules |
| Process | A written application to one body. No court | Court litigation, with the steps that come with it |
| Time | Usually months once the scheme is open | Usually years |
| The award | A fixed five-step tariff, £5,000 to £660,000 | Set by a judge or agreed in settlement, no fixed figure |
| Non-financial remedy | Built in. Can include an apology and acknowledgment | Damages only. Apologies are not part of what a court orders |
| Cost to you | your legal fees are paid separately. You keep the full award | Funding is arranged with your civil solicitor |
| Who advises | Winston Solicitors, on the scheme route | An independent specialist civil claims solicitor |
Now the detail, dimension by dimension.
Who Can Claim?
The Church of England Redress Scheme is designed for people who have suffered abuse connected to the Church of England.
In most cases, this means the person responsible held a role within the Church, or appeared to hold a Church role, and the abuse was linked to the trust, authority or access that role gave them.
The scheme covers a wide range of abuse, including sexual abuse, physical abuse, emotional or psychological abuse, spiritual abuse, neglect and maltreatment, and certain forms of financial abuse.
Where this comes from in the rules
Eligibility is set out in Section 3 of the Abuse Redress Measure. You must have suffered injury or loss in consequence of abuse where the person who carried out the abuse had authority to perform a role in the Church of England, or where you had reasonable grounds to believe they had that authority, and there was a close connection between the activities authorised for that role and the abuse. Under Section 3(5), “abuse” includes sexual, physical, spiritual, psychological or emotional, and financial abuse, and neglect and maltreatment.
In plain terms: the scheme is for abuse tied to a Church role. The statute lists six kinds of abuse it covers.
A civil claim works differently. Different legal tests apply, and whether a civil claim is available will depend on the individual circumstances of your case. If you are considering that route, you should seek advice from a specialist civil claims solicitor.
What Do You Need to Prove?
For the scheme, the test is “more likely than not.” One concern we hear again and again is:
"What if I can't prove it?"
The scheme uses the civil standard of proof. In simple terms, the redress body looks at all the available information and decides whether it is more likely than not that the abuse happened.
You do not need a criminal conviction or a police report. There’s also no need to produce perfect records from decades ago. Many survivors have little or no paperwork, and the scheme recognises that.
A civil claim uses the same standard of proof, but the court process is often more demanding. There may be witness statements, disclosure of records, expert evidence and other court procedures to deal with.
How Does the Process Work?
The Church of England Redress Scheme is designed to avoid the need for court proceedings. You make an application, the redress body considers the evidence, and a decision is made. If you disagree with that decision, there is an appeal process within the scheme itself.
For many survivors, the fact that they do not have to go through court is one of the most important features of the scheme.
Where this comes from in the rules
The application and determination process sits at Sections 8 to 9 of the Abuse Redress Measure, with the internal appeal at Section 12.
In plain terms: it is a paperwork process to one body, not a court case, with an appeal built in.
A civil claim follows a different path. It is a legal case through the courts. While many cases settle before reaching trial, court proceedings can take years rather than months.
How Is Compensation Calculated?
The scheme uses a structured assessment process to work out compensation.
The starting point is the abuse itself. The scheme then looks at factors that may have made the situation worse, the lasting impact on your life, and whether there are exceptional circumstances that should increase the award.
Awards under the scheme range from £5,000 to £660,000.
Where compensation amounts come from in the rules
The five-step framework is in Schedule 1 of the Abuse Redress Rules 2025. The aggravating factors at step two are defined in Rule 12, and include whether you were not believed when you reported, whether you were threatened to stay silent, whether it was known that the perpetrator was a risk thee were no preventative measures in place, whether more than one perpetrator was involved, and whether you were under 18.
In plain terms: the figure is built by a set tariff, with extra for how serious it was, the impact on your life, and how the Church handled it.
In practical terms, the final figure is based on:
- How serious the abuse was
- The impact it has had on your life
- Any aggravating factors recognised by the rules
- Any exceptional circumstances
- Whether compensation has already been paid for the same abuse
A civil claim works differently. There is no fixed tariff. Compensation is assessed according to the evidence, the law and the specific circumstances of the case. In some cases, a civil award may be higher than a scheme award. In others, it may be lower.
That is why specialist civil advice is important if you are considering both routes.
What Does It Cost?
One of the biggest differences between the scheme and a civil claim is how legal costs are handled. Under the Church of England Redress Scheme, legal fees are paid separately by the Archbishops' Council. Nothing is deducted from your compensation.
If an award is made, you receive the full amount.
A civil claim works differently. Funding arrangements vary, and your solicitor will explain the options available, which may include a no win, no fee agreement.
It's Not Just About Money
For many survivors, compensation is only part of the picture.
The scheme can also provide non-financial remedies, including acknowledgement of what happened and, in some cases, an apology.
Where this comes from in the rules
Section 9(1) of the Abuse Redress Measure says an award may consist of “either or both of (a) a payment (a redress payment) and (b) some other remedy”. Rule 15 of the Abuse Redress Rules 2025 confirms a non-financial remedy may be provided on a one-off basis, on more than one occasion, or in stages. The Archbishops’ Council issues guidance under Section 18(3) on the form that remedy may take.
In plain terms: the scheme can give you a payment, an apology and acknowledgement, or both.
In practice, “some other remedy” can mean:
- an acknowledgement
- an apology from the authority responsible for regulating the perpetrator
- action to fix the failure that let the abuse happen
- or a mix of these alongside a payment.
For some people, being believed and having the abuse formally recognised is just as important as the financial award itself. A civil claim focuses primarily on compensation. While apologies can sometimes form part of a settlement, they are not something a court can normally order.
Understanding the Risks
The scheme has a set tariff and a structured decision. Every route has advantages and disadvantages. The scheme provides a structured framework and a fixed method for calculating awards. This can make outcomes more predictable.
A civil claim offers a different type of assessment and may result in a higher or lower award depending on the circumstances. However, it can also involve more uncertainty, longer timescales and additional legal issues.
The right option depends on your individual circumstances.
Which Route is Right for You?
There is no single answer that fits everyone. Some survivors prefer the structure and simplicity of the Church of England Redress Scheme. Others may decide that a civil claim is more appropriate.
What matters is making an informed decision.
If you are considering both options, it is important to take civil claims advice before accepting any redress scheme award. Once an award is accepted, the civil claim route for the same abuse will usually come to an end.
However, it is very important to understand the order in which you should take advice. If you want to explore the civil route, it’s advisable to seek that guidance before you accept any scheme award.
Once you accept, Section 11 closes the civil door.
One of the most important conversations I have with survivors is about making sure they understand all of their options before making a decision," says Stacey Flegg, Head of Church of England Redress Scheme at Winston Solicitors. My role is to explain how the scheme works, what compensation might look like under the assessment framework, and what accepting an award means in practice. If someone is also considering a civil claim, I always encourage them to seek specialist civil advice before making their decision.
Stacey's View on Whether to Claim Via the Church of England Redress Scheme or Civil Claim
When You are Ready
If you want to understand the scheme route in plain English, with no obligation and no cost, Stacey Flegg, Head of Church of England Redress Scheme at Winston Solicitors, will speak with you in your own time.
We will explain how the scheme works, what your application would look like, what Section 11 means for your situation, and where your case might sit under Schedule 1. The first conversation costs nothing and there is no obligation to continue.
If you want to explore the civil claim route, we will tell you honestly that this is a question for a solicitor with specific civil litigation experience in clergy abuse cases. Winston Solicitors does not provide civil claims advice on Church of England abuse cases. Look for an independent specialist civil claims solicitor with experience in clergy or institutional abuse litigation. As stated above, it’s advisable to take that advice before you accept any scheme award, because Section 11 closes the civil route at acceptance.
Winston Solicitors works with survivors of clergy abuse from across England and Wales, with over 4,000 five-star reviews across the firm’s wider work. We focus specifically on the Church of England Redress Scheme route rather than general abuse litigation, which is why Stacey can give you an honest read on where your case might sit under the statute, in plain English, before you decide.
No. Once the scheme makes an award on your application, your right to bring a civil claim for the same abuse is automatically waived under Section 11(1) of the Abuse Redress Measure. You can still apply to the scheme without committing, because the waiver only bites when an award is made and accepted, not when you apply. If you want to keep the civil route open while you weigh things up, take civil advice before you accept any scheme offer.
In practice, when you accept the scheme award. Under Rule 11 of the Abuse Redress Rules 2025, the redress body invites you to accept or not accept within six months of the written notification. If you accept, the Section 11 waiver applies and the civil route closes for the same abuse. If you do not reply within six months, the award lapses. Before you accept, the choice is still yours.
You should speak to an independent specialist civil claims solicitor with specific civil litigation experience in clergy abuse cases. Winston Solicitors does not advise on civil claims in this area, so we cannot do that work for you. We will say so clearly at your first conversation rather than steering you down a route we are not best placed to advise on.
They are worked out differently and they often land in different places. The scheme uses a fixed tariff under Schedule 1 of the Abuse Redress Rules 2025, with awards between £5,000 and £660,000. A civil claim is assessed by a court against case law and the facts of your case, so the figure is not fixed in advance and can land above or below the scheme tariff. A civil specialist is the right person to talk through likely civil values for your case.
The scheme will set its own application window once it opens, and Winston Solicitors will publish the dates as soon as they are confirmed. There is no time limit on the scheme based on when the abuse took place. Civil claims usually have a limitation period that runs from your eighteenth birthday or a date of knowledge, with a court discretion that can apply in abuse cases. The civil limitation position is fact-specific, and only a specialist civil claims solicitor can advise whether it affects your case.
Yes, within the scheme. Section 11(6) of the Abuse Redress Measure preserves your right of appeal under Section 12 and your right to reconsideration under Section 15 if new information comes to light. Those routes sit inside the scheme, alongside the waiver. The civil route closes when an award is made and accepted. So if you want to challenge a scheme outcome, the appeal sits within the scheme. If you want to challenge anything in the civil courts, that decision has to be made before you accept.
It is the non-financial side of an award. Section 9(1)(b) of the Abuse Redress Measure allows the redress body to make an award consisting of “some other remedy” alongside or instead of a payment. Rule 15 confirms this can be provided on a one-off basis, on more than one occasion, or in stages, and the Archbishops’ Council issues guidance under Section 18(3) on the form it takes. In practice it can include an acknowledgement, an apology from the authority responsible for the perpetrator, and action to address the institutional failure. For some survivors, this is a big part of why the scheme is the right route.
The most useful next step is usually two conversations, in this order: a free conversation with Winston Solicitors about the scheme route, and a separate conversation with an independent specialist civil claims solicitor about the civil route. Two views, no pressure, then you decide. You can also walk through the Church of England Redress Scheme compensation calculator privately first. It asks for no contact details, keeps no record, and runs entirely in your browser.
Yes, you may still be able to apply, but any compensation you have already received for the same abuse is likely to affect the amount you receive under the Church of England Redress Scheme.
The scheme is not intended to compensate someone twice for the same harm. If you have already accepted compensation through a civil claim, an out of court settlement, or another redress or compensation scheme for the same abuse, that amount will normally be taken into account when your Church of England Redress Scheme award is calculated.
Reading about this choice can be hard, especially the parts that ask you to think about evidence, severity, and how the Church responded. If you would like to talk to someone right now, independently of any claim, these organisations are there for you:
- Samaritans. Free, 24 hours a day, every day of the year. Call 116 123 from any phone in the UK, or email jo@samaritans.org.
- NAPAC, the National Association for People Abused in Childhood. Free support line for adult survivors of any form of childhood abuse. Call 0808 801 0331 or visit napac.org.uk.
- Safe Spaces. The Church of England and Catholic Church’s joint support service for survivors of church-related abuse. Confidential, independent of the Church’s own processes. Call 0300 303 1056 or visit safespacesenglandandwales.org.uk.
These services are independent of Winston Solicitors and of the Church of England Redress Scheme. You do not need to be considering a claim to use them.
