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MSPs lift time bar on childhood abuse compensation cases | |
(about 5 hours later) | |
The three-year limit on survivors of childhood abuse suing for damages has been scrapped by MSPs. | |
The move allows victims of abuse dating back as far as 1964 to seek compensation for their injuries though the civil courts. | |
Victims currently have just three years from the date of their injury - or from their 16th birthday - to bring a court action. | Victims currently have just three years from the date of their injury - or from their 16th birthday - to bring a court action. |
The limit has been removed by the Limitation (Childhood Abuse) Bill. | |
The bill was unanimously approved when MSPs voted in the Scottish Parliament, by a margin of 115 to zero. | |
The bill allows the three-year time bar to be lifted so long as the victim was a child under the age of 18 when they suffered sexual, physical or emotional abuse. | |
The pursuer must also be the person who has been abused - so relatives of victims who have since died will not be able to seek damages. | The pursuer must also be the person who has been abused - so relatives of victims who have since died will not be able to seek damages. |
The individual responsible for carrying out the abuse can be sued directly, but damages can also be sought against employers for their current or former employees. | The individual responsible for carrying out the abuse can be sued directly, but damages can also be sought against employers for their current or former employees. |
The new law applies to anyone who suffered abuse on or after 26 September 1964, but not to victims who were abused before that date. | |
The legislation received widespread support, with all five parties at Holyrood backing it despite concerns about the financial impact on organisations such as councils. | |
Scottish government estimates of there potentially being 2,200 victims who would be affected by the change in the law have been described as "conservative". | Scottish government estimates of there potentially being 2,200 victims who would be affected by the change in the law have been described as "conservative". |
'Remove barriers' | 'Remove barriers' |
An independent Scottish Child Abuse Inquiry into historical child abuse is currently under way, led by judge Lady Smith. | An independent Scottish Child Abuse Inquiry into historical child abuse is currently under way, led by judge Lady Smith. |
More than 60 institutions, including several top private schools and church bodies, are being investigated. | More than 60 institutions, including several top private schools and church bodies, are being investigated. |
Community Safety Minister Annabelle Ewing thanked survivors for their "bravery and persistence" in "not giving up their fight to set these injustices right". | |
She said: "While our police and prosecutors continue to pursue perpetrators even many years after their crimes, this bill will strengthen access to justice through the civil courts. | |
"Survivors have been let down repeatedly: they were severely and fundamentally let down by their abuser and by the adults who were meant to protect them at the time. While raising a civil action may not be the right way forward for everyone, this bill widens the options available to survivors seeking redress." |