Draft legislation to remove time-bar for child abuse cases to be introduced

Draft legislation to remove the three-year time limit on bringing civil cases to court – also known as time-bar – is on track to be introduced before the end of the current parliamentary session on March 24, Education Secretary Angela Constance has told adult survivors of alleged abuse.

Ms Constance and survivors also discussed what further work is needed to fulfil the government’s commitments to meet all of the recommendations of the Scottish Human Rights Commission Inter-Action Plan. The SHRC work, which began in 2009, called for:

Ms Constance said: “Since the publication of the SHRC recommendations we have engaged extensively with survivors and the services which support them. We have worked with survivors to expand and enhance the existing support available to them; to remove the restrictions preventing many from seeking legal redress; and in setting the extensive remit for the Statutory Public Inquiry.

“I am grateful to all survivors who have taken part in the consultations since this work began so many years ago and appreciate that there are a range of views on several issues of importance about how best we can support them. As announced last year, in setting the remit of the inquiry, we have sought to strike the right balance between widening the scope of the inquiry and the definitions of in-care and abuse from the original calls made. Throughout I have been determined to ensure survivors don’t lose hope that it will report back within a reasonable timescale.”

She added: “It is also important to recognise that this inquiry, unlike others, is looking at physical, psychological and emotional abuse, as well as sexual abuse, and can use its discretion to go further and consider medical experimentation, spiritual abuse, unacceptable practices and neglect.

“The inquiry must be sufficiently focused to make clear and meaningful recommendations that will avoid a repeat of the systemic, institutional failings that saw children abused by the very individuals who were entrusted by the state and others to care for them over an extended period.

“Through intensive engagement we know that survivors have a wide range of requirements and views on how we can respond to the call to action that the SHRC work gave us. Survivors have told us this is what they need and we are committed to seeing through on the commitments we have made.”

To keep survivors informed on how these recommendations are being delivered, the Scottish government has proposed to extend written updates used during the consultations on InterAction and establishing the public Inquiry. Due to its independence, it will be for the inquiry to provide its own updates and engagement.