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Time bar on abuse payouts to be lifted 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 is to be scrapped by MSPs. The three-year limit on survivors of childhood abuse suing for damages has been scrapped by MSPs.
The move will allow victims of abuse dating back as far as 1964 to seek compensation for their injuries though the civil courts. 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 will be removed by the Limitation (Childhood Abuse) Bill. The limit has been removed by the Limitation (Childhood Abuse) Bill.
The bill is likely to be unanimously approved when MSPs vote in the Scottish Parliament later. The bill was unanimously approved when MSPs voted in the Scottish Parliament, by a margin of 115 to zero.
Watch the debate and vote at Holyrood Live from 3pm. 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.
Former employees
It will allow 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 will apply to anyone who suffered abuse on or after 26 September 1964, but not to victims who were abused before that date. 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 has received widespread support, with all five parties at Holyrood backing it despite concerns about the financial impact on organisations such as councils. 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 has previously said it was important to "remove barriers to survivors pursuing civil damages". Community Safety Minister Annabelle Ewing thanked survivors for their "bravery and persistence" in "not giving up their fight to set these injustices right".
She added: "This bill is about access to justice. It is about acknowledging the unique position of survivors of childhood abuse as children who were betrayed by those they should have been able to trust - recognising the abhorrent nature of the abuse, the vulnerability of the child at the time, and the profound impact of abuse. 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.
"An impact which lasts well into adulthood and which, itself, prevents people from coming forward." "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."