Child Abuse and Historic Claims

Our team provides expert advice in relation to group actions and individual claims concerning allegations of abuse.

The number of child abuse claims in Scotland is expected to rise sharply, because the Scottish Parliament has passed a new law on the time limits for making claims. Previously, victims could only make a damages claim up to three years after the injuries resulting from the abuse took place. Now, since October 2017, the new Act has removed this time bar.

Who can claim?

There are still limits on who can claim compensation for historic child abuse. For example,

• The pursuer must have been under 18 at the time of the alleged abuse, and it must have taken place on or after 26 September 1964
• They cannot claim if they have already claimed and been paid compensation for the abuse.

Implications for organisations

There are reports of pursuer firms ready to make extensive claims now that the time bar has been lifted, and charities, churches and public sector organisations should prepare for this.

We can advise you on a range of points, such as:

• who is affected
• what type of abuse is covered
• how to investigate and deal with group actions or individual claims, whether for recent or historic incidents
• defences and obstacles to historic claims, and issues around the credibility of pursuers
• what happens if allegations concern an individual who no longer works with you
• recommended changes to your record-keeping to help deal with future allegations.

Dealing with abuse allegations is a sensitive and complex area, because the impacts on individuals and organisations can be so serious. Our specialist and experienced lawyers always take this into account when providing advice.