Scotland's New Child Abuse Legislation

The law, called the Limitation (Childhood Abuse) (Scotland) Act 2017, came into force on 4 October 2017. As a result, charities, churches, councils, other public sector organisations, and even individuals such as foster carers may face new allegations of historical abuse.

What has changed?

Previously, civil claims in relation to child abuse had to be made within three years of the injury resulting from the abuse, or up until the alleged victim’s nineteenth birthday. This meant that most historical child abuse claims were time-barred.

Under the new law, this three-year limit is removed. People can now claim for abuse that took place when they were under 18 – even if the injury arising from the abuse doesn’t occur until a later date when they are adults.

Who can claim?

Under the new law, victims of historical childhood abuse can make a claim if:

• they have not previously claimed compensation for their abuse, or
• they claimed compensation but had their claim rejected by the abuser, or their insurers, because of the three-year time limit, or
• they took their claim to court, and had it rejected because of three-year time limit.

They cannot claim if:

• they have already claimed, and been paid, compensation by the abuser or the abuser’s insurers, even if they settled their claim for a lower amount because of the time limit, or
• they took their case to court and were awarded some compensation.

What constitutes ‘abuse’?

Any physical or sexual abuse or neglect, resulting in physical and/or psychiatric/psychological injury, is covered by the new law.

The abuse could comprise a single incident, or be carried on over a period of time.

Criminal injuries compensation

This new legislation in Scotland relates to civil claims for compensation. It does not apply to criminal injuries compensation (CIC), which victims can apply for in addition to, or instead of, civil damages.

The time limit for criminal injuries compensation therefore remains at two years.

However, there is discretion for CIC Authority to dispense with the two-year time limit in some circumstances. For example, the Authority may be sympathetic to late claims where the victim’s psychiatric problems have made it difficult for him or her to claim earlier.

Our specialist abuse team is highly experienced in advising organisations on how to handle historical child abuse allegations. The team can provide detailed and tailored advice on the implications of the new legislation for charities, public sector organisations and other groups, and how to deal with or prepare for possible claims.