Historical Child Abuse - the Limitation (Childhood Abuse) (Scotland) Act 2017

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On Wednesday the 4th October 2017 the Scottish Government introduced the Limitation (Childhood Abuse) (Scotland) Act 2017 which removed a three year time bar period for survivors of physical, mental or sexual abuse to bring a civil court case (except where the abuse took place before 26th September 1964).*

What does this change in law mean for Survivors?

This change in law means that there is no longer a time bar limit for survivors to make a claim for compensation against their abuser where the survivor was under the age of 18 when the abuse took place or when the abuse started.*

The Limitation (Childhood Abuse) (Scotland) Act 2017 now also allows survivors who previously raised legal action for historical abuse and were unsuccessful to raise a new civil claim for abuse.

Due to this change in law our team of specialist solicitors recommend that anyone who wishes to pursue a civil claim for historical abuse or who has pursued a claim previously (but due to time bar was unsuccessful) Talk to Thompsons on 08000891331.

Although the recent change in law with regards to time bar is welcomed and gives survivors the power to take justice back and take justice into their own hands we at Thompsons understand the impact of childhood abuse is extremely traumatic and has a devastating effect on survivors and those close to them.

Our specialist historical abuse solicitors know money and compensation will never be enough for survivors.  Making a civil claim is about holding the abuser to account in court and about forcing the abuser to face up to their wrongs by paying financial redress. 

*For more information on Pre-1964 Abuse please see below.

Thompsons helping survivors

As the only law firm in Scotland who work in partnership with Scotland’s leading abuse charities you, your family and loved ones will have access to help, support and guidance from our specialist lawyers and our partner charities.

Physical, emotional and sexual abuse claims are the most complex of cases.  Emotional abuse includes claims for those who were injured as a result of neglect.  Our team understands the sensitivity and confidentiality that is required.  At Thompsons we provide sensitive straight forward advice to survivors of historical abuse.  The solicitors dealing with abuse claims listen and will never rush survivors into providing information. We will ensure the survivor feels comfortable with the lawyer appointed to them ensuring they feel safe and are being listened to.

The decision to start a civil claim for historical child abuse is one of the most challenging times for survivors and our dedicated team of solicitors are ready to be at your side.

What is Pre-1964 Abuse?

If the abuse took place before 26th September 1964, the Limitation (Childhood Abuse) (Scotland) Act makes no change to the law and we are therefore unable to pursue such claims.  If the abuse continued on beyond that date, there is a potential claim for that continuing abuse.

Summary of the Limitation (Childhood Abuse) (Scotland) Act

  1. A survivor can make a civil claim for historical physical, emotional or sexual abuse if the abuse took place after 26th September 1964.
  2. The historical abuse started or took place when the survivor was under the age of 18;
  3. Survivors who previously made a claim for compensation but were unsuccessful due to time bar can still pursue a civil claim under this new law.

Contact our Survivors Team Today

Thompsons' Survivors Team is currently helping clients make child abuse claims against numerous organisations and groups. We are able to help even in cases where the abuse happened many years ago, the perpetrator is dead and even in cases where the police and CPS are not taking the case forward: you could still be entitled to financial compensation.

If you are a survivor, or you support a survivor, who has been sexually, physically, or mentally abused or neglected, please call us today on 0800 0891 331 or contact us via our online form above.

For more information, our Frequently Answered Questions section can be accessed below.

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