The Scottish Government have engaged with survivors of child abuse and a number of key stakeholders as part of the response to the InterAction Action Plan recommendation to “review the way in which time bar operates”. The circumstances of survivors of child abuse are sufficiently different from other cases involving personal injury to warrant a different approach to prescription and limitation.
It is therefore proposed that time-bar (prescription and limitation) is removed for child abuse cases and it is intended that a consultation paper on this matter is issued before the summer recess.
The consultation paper intends to seek views on the proposed removal of prescription and limitation for cases of child abuse. Views will be sought on the proposed changes, in particular:
- its application
- the definition of who should be included in the exempted category
- the period which should be covered by the exemption
- the circumstances in which the court should have discretion to decide that a case should not proceed (as the passage of time may mean that it is not possible for there to be a fair determination of the case).
The consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historical child abuse was published on 25 June 2015 and will run until 18 September 2015.
Find out more about the consultation