Scots court system time bar must be removed to help abuse victims, MSPs told

By The Press Association21st February 2017News ScotlandChild Abuse, Courts / Justice, News Scotland, Non-Recent / Historic Abuse, Sexual Abuse

Scotland’s “Victorian” civil court system must be reformed to remove the time limit for victims of childhood abuse to seek damages, MSPs have been told.

Holyrood’s Justice Committee heard the proposed change in the law would have a ” dramatic” impact on the lives of victims by removing a barrier to justice.

The Scottish Government’s Limitation (Childhood Abuse) (Scotland) Bill would abolish the current three-year time bar, or limitation, for bringing a civil court claim for damages in some cases of childhood abuse.

Harry Aitken, a former resident of Quarriers Homes, said the issue was of such importance he had decided to go public for the first time to give evidence to the committee.

He said: “This is the first time I’ve ever exposed myself to the cameras and because it is so important I felt that today I had to come out into the open.

“So many barriers have been placed in the path of survivors that it has been a diabolical disgrace to the people of Scotland.

“Their rights have been infringed, every impediment has worked to the detriment of the survivors.

“It seems quite easy for a care provider to lodge a plea of time bar and then leave it to the courts to deal with. The prejudice to survivors under that situation is tantamount to further abuse.”

Scottish judges currently have the discretion to set aside limitation if they are persuaded of the merit in hearing a claim but Mr Aitken told the committee that in the 40 years between 1973 and 2013 this had not been invoked in a case involving historical abuse in residence.

Of the proposed change in the law, he added: “It will have a dramatic impact on the lives of survivors, the thousands of survivors in this country who have suffered the most terrible, horrific abuse, and they are still suffering that abuse to this day.”

The proposed legislation is opposed by insurers, who question the government’s estimate it would result in about 2,200 claims in the courts and argue the financial impact has been underestimated.

David Whelan (pictured), spokesman for Former Boys and Girls Abused in Quarriers Homes, added: “The law needs changing, the civil process is also antiquated, it’s Victorian.

“The definition in the current time bar legislation is too narrow and it’s a bar to progressing cases through the civil courts and the definition needs to be widened .

“Clearly, the insurers are a vested interest organisation, they will challenge what’s to be done here, but actually justice needs to be done and delivered for the survivors.

“I think it’s scaremongering about the vast numbers, about who is going to come forward. “

Alastair Ross, assistant director and head of public policy at the Association of British Insurers, said: “We have significant concerns about the Bill and its implication for insurers.

“The interest of insurers here is the organisations that are insured and the significant financial exposure that they could face if this Bill is taken forward as is currently drafted.”