Recommendation 97: Clarify Compensation Act on apologies
From Accountability and Reparations Investigation Report, published 19 September 2019.
Recommendation
The government should introduce legislation revising the Compensation Act 2006 to clarify that section 2 facilitates apologies or offers of treatment or other redress to victims and survivors of child sexual abuse by institutions that may be vicariously liable for the actions or omissions of other persons, including the perpetrators.
In brief (written by this site)
In April 2020, HM Government stated that the Ministry of Justice would explore amending the Compensation Act 2006 or taking alternative action to clarify that its provisions facilitate apologies in vicarious liability cases (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). It noted that the statute was not intended to apply solely to claims in negligence and breach of statutory duty, and promised to provide an update in due course (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020). The record holds no update since the government's response of April 2020 (Ministry of Justice response, Apr 2020; Ministry of Justice, Apr 2020).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
The focus of the 2006 Act on claims in negligence and breach of statutory duty is not intended to suggest that the provision is only of relevance to those proceedings (and under the common law it may equally be relevant elsewhere, including in cases involving vicarious liability). In light of the Inquiry’s views, officials at the Ministry of Justice will explore further whether it would be helpful to amend the 2006 Act or take alternative action to clarify that this is the case, and we will update the Inquiry in due course.
Delivery
Ministry of Justice says in progress (6 April 2020)
In light of the Inquiry’s views, officials at the Ministry of Justice will explore further whether it would be helpful to amend the 2006 Act or take alternative action to clarify that this is the case, and we will update the Inquiry in due course.
Responsible bodies
Themes and tags
Who has spoken
- Ministry of Justice
Response, delivery statement