Ministers consult on removing time bar in child abuse cases

Survivors of historical child abuse will no longer be forced to raise personal injury claims within a set timescale under proposals put out to consultation.

The Scottish Government has set out its intention to lift the three-year time bar for bringing civil actions in cases of child abuse going back more than 50 years.

Ministers have suggested the change in law apply to abuse that occurred ‘in care’ settings such as residential care and children’s homes, though respondents will be asked whether all children should be covered.

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Under the existing set-up, any action must begin within three years of sustaining an injury or within three years of becoming aware of an injury, unless aged under 16 in which case the window starts upon turning 16.

Courts can overlook the three-year time bar if, on the evidence presented to them, they consider that it would be equitable for them to do so.

However, the Scottish Government has argued that the time-bar acts as a “hurdle which must be overcome by the victim before their case can be heard”, suggesting that the unique circumstances of historical child abuse merit a different approach from other personal injury claims.

Minister for Community Safety and Legal Affairs Paul Wheelhouse said: “For survivors, time bar is a significant hurdle which can deny them access to justice and can place added stress on people who are already living with the consequences of the abuse they have suffered.

“Those who have experienced violent and sexual abuse as a child should not have to demonstrate to the court that they have a right to raise litigation before their case can proceed.

“While the court has some discretion on waiving time bar, the experience of many survivors suggests this is not sufficient to allow them to pursue their abusers and forces them to have to go through recall of traumatic events simply to exercise their rights to a civil action.

“The circumstances of survivors of historic abuse, in particular, as well as, the class of pursuer, the type of injury and the impact on the victim are such that they should have a right to bring a civil action for damages whether or not the three-year limitation period has expired.”

If implemented, the change would only affect cases going back to September 26 1964 due to a previous change in the law.  

The consultation, which is set to run for a period of 12 weeks, seeks views on the proposal, the definition of a child as well as the types of abuse that should be covered.