The Power of Forgiveness and Acknowledgment: Lessons from the South Pacific for the UK by Sian Gissing-McMeel

The Power of Forgiveness and Acknowledgment: Lessons from the South Pacific for the UK by Sian Gissing-McMeel

After reading ' The rule of law, custom, and civil society in the South Pacific: an overview' by Stephan Klingelhofer and David Robinson, I was interested and drawn to the concept of 'forgiveness and acknowledgement'. 

The current systems in the UK are reluctant to apologise when errors have been made against Litigants In Persons. Even when all the primary evidence is presented to them, that in civil cases, the claimants' have proven their cases and satisfied the standard of proof over the 51% balance of probabilities. However, despite this, so many public bodies are still refusing to 'acknowledge' and 'say sorry' for their mistakes. Which results in denying the Litigant In Person, silencing them, which in many cases leads to the re-triggering of their trauma. 

When I went to use my legal research skills to see if the UK provides any legislation that would and could facilitate public bodies to apologise without the fear of liability, I have found one important legal mechanism. Section 2 of the Compensation Act 2006. 

Section 2 of the Compensation Act 2006

 

Section 2 of the Compensation Act 2006 in the UK states that an apology, offer of treatment, or other redress does not constitute an admission of negligence or breach of statutory duty. This was introduced to make it easier for public bodies and organisations to apologise without fear of legal repercussions. 
However, there is little evidence that public bodies and organisations are using apologies as a form of reparation. Some reasons for this include:
Lack of clarity
The Compensation Act does not define what constitutes an apology, which can lead to uncertainty and caution.

Fear of misconstruction
Defendants may be concerned that even well-intentioned apologies could be misconstrued or exploited in civil litigation.

Fear of insurance repercussions
Defendants may be concerned that an apology could jeopardise their insurance coverage. 
    In April 2024, the Ministry of Justice launched a consultation to clarify the law and encourage public bodies and organisations to apologise more. The consultation will consider whether the current legislation is adequate, or if legislative provisions are needed to clarify or amend the law. When I reviewed the consultation paper, 'Reforming the Law of Apologies in Civil Proceedings in England and Wales' I was particularly drawn to para. 51 to 51. 
    It seems we are behind in how our legal system can encourage parties to reach a fair, rational, balanced outcome which would empower parties to settle without the need for Court intervention. Some countries have customary law as part of their legal systems, notably in the Pacific islands and Africa. As the term implies, customary law is based upon the customs of the community. Where community leaders help parties resolve their civil disputes by supporting them, equally. 

    In the South Pacific, traditional practices of 'forgiveness and acknowledgment' play a crucial role in maintaining social harmony and community cohesion.

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    Unlike Western legal systems that often focus on punishment, these customs emphasise reconciliation and restoring relationships. This approach can offer valuable insights for the UK, where integrating such practices could enhance community well-being and reduce conflict.

     

    Key Benefits:

    1.  Community Cohesion: Forgiveness and acknowledgment help to mend relationships and foster a sense of unity. This can be particularly beneficial in diverse communities, promoting understanding and cooperation.

    2. Reduced Recidivism: By focusing on reconciliation rather than punishment, individuals are more likely to reintegrate into society, reducing the likelihood of reoffending.

    3. Emotional Healing: Victims and offenders both benefit emotionally from a process that seeks to heal rather than harm. This can lead to more sustainable peace and personal growth.

    4. Cultural Sensitivity: Incorporating these practices respects and acknowledges the diverse cultural backgrounds within the UK, fostering a more inclusive society.

    How We Apply This In The UK:

    1.  Restorative Justice Programs: Expand and promote restorative justice initiatives that focus on dialogue and mutual understanding between victims and offenders.

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    2.  Community Mediation: Implement community-based mediation programs that encourage local leaders to facilitate reconciliation processes. 

    3. Educational Campaigns: Raise awareness about the benefits of forgiveness and acknowledgment through public education campaigns and workshops.

    4. Policy Integration: Encourage policymakers to consider these practices when drafting laws and regulations, ensuring a balanced approach to justice.

     

    By learning from the South Pacific's emphasis on forgiveness and acknowledgment, the UK can create a more compassionate and cohesive society, where conflicts are resolved through understanding and mutual respect.
    There is power in progress, it is not about perfection, but having the self awareness and integrity in our role in society to say, where did I go wrong, what does this person need from me to heal, and be prepared to give them that apology so then can heal and move on. In my own personal opinion, the power of acknowledgement, offering an apology can go very far with a Litigant In Person who needs to have miscarriages of justice corrected. We encourage every civil servant, social worker, legal professional, judge to be brave and have integrity to admit when a mistake has been made, show compassion and offer that apology, with using s2 of the Compensation Act 2006 or by practicing the skill of 'forgiveness and acknowledgment' towards Litigants In Persons. 
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