Cost of removing time bar on abuse civil damages 'may be underestimated'
The cost of removing the time limit for victims of childhood abuse to seek civil damages in court may have been underestimated, MSPs have been told.
The cost of removing the time limit for victims of childhood abuse to seek civil damages in court may have been underestimated, MSPs have been told.
Police Scotland has warned the impact of the Limitation (Childhood Abuse) (Scotland) Bill could be much higher than expected.
Holyrood's Justice Committee is examining the proposed legislation, which would remove the current three-year time bar, or limitation, for bringing a civil court claim for damages in some cases of childhood abuse.
Financial documents published alongside the Bill estimate the change in the law would result in about 2,200 claims in the courts initially.
In a written submission to the committee, Police Scotland reiterated its support for the Bill but added it estimated the force held at least 5,000 files dating back to 1964 relating to reports of child abuse and neglect "within an institution or care setting or involving a person of public prominence".
The force said: "As such, Police Scotland is of the opinion that the reference point is a conservative estimate and the impact on the Scottish courts may be more significant that suggested in the financial memorandum.
"Police Scotland would suggest that there is opportunity to further scope the Bill"s financial impact."
The submission said the legislation was likely to have "significant resource (human and financial) implications" for the force and a "far-reaching impact" on individuals, groups and organisations.
The concern was echoed by the Association of British Insurers, which said the 2,200 estimate "fails to take into account the potential effect of the Bill in encouraging more cases to be brought or of previously heard cases to be resurrected."
"Scottish ministers therefore seem at risk of considerably underestimating the total number of cases raised as a result of the Bill and the financial implications for public funds including legal aid, and the budgets of local authorities, the Scottish Government and other public bodies."
The association points out that Scottish judges currently have the discretion to set aside limitation if they are persuaded of the merit in hearing a claim of historic abuse.
Insurers also strongly oppose a provision that would allow claims previously raised but found to be time-barred to be brought again, arguing this would undermine legal certainty in Scotland.
In its submission to the committee, Former Boys and Girls Abused in Quarriers Homes (FBGA) said: "The insurers are a special interest group and have demonstrated that they will resist any opportunity to avoid liability.
"All childhood abuse cases should be given a fair and reasonable hearing process in the Scottish civil courts without exception.
"Victims should be given a full opportunity to present their individual case to the civil courts.
"We fully accept that the defenders have a right to challenge any cases they wish and the change in time-bar legislation will not remove that right."
The proposals are also supported by the Scottish Human Rights Commission, Victim Support Scotland and the Law Society of Scotland.