Changes to the Law on Historical Childhood Abuse in Scotland
For many years in Scotland, survivors of childhood abuse faced significant legal barriers when seeking civil compensation. The law required claims to be raised within a strict time limit, even though many survivors were not ready or able to speak about their experiences until much later in life.
In recognition of this, the Scottish Parliament introduced the Limitation (Childhood Abuse) (Scotland) Act 2017, marking a significant change in how historical abuse claims are treated. Digby Brown has experience supporting survivors in understanding how this change in law applies to their circumstances.
Latest news and blogs
Why was a change in the law needed?
Previously, survivors were required to bring a civil claim within three years of their 16th birthday. This rule, known as the time bar, meant that many claims were automatically excluded before they could be heard.
Research showed that survivors often take many years to disclose abuse. In many cases, women do not come forward until around 18 years later, and men may not speak out for more than 25 years. The old law did not reflect the reality of trauma or recovery.
The 2017 Act removed this time bar, allowing survivors to pursue civil claims when they feel able to do so, rather than being prevented by rigid legal deadlines.
What does the Act cover?
The Act applies to civil claims arising from childhood abuse, including sexual abuse, physical abuse and emotional abuse.
While emotional abuse is not exhaustively defined in the legislation, civil claims often refer to national child‑protection guidance. This recognises emotional abuse as persistent behaviour that causes severe and lasting harm to a child’s emotional development, including humiliation, intimidation, neglect, or placing inappropriate expectations on a child.
Emotional abuse may occur on its own or alongside other forms of ill‑treatment.
-
![Trustpilot logo]()
based on 3,486 reviewsShowing our 4 and 5 star reviews. -
Very helpful and mindfullMichael Armit - -
Good communicationRoderick -
Frequently asked questions about historical childhood abuse in Scotland
What if I have previously taken legal action?
The position depends on the outcome of any earlier case. If a survivor previously pursued a civil claim and received compensation, however modest, the same claim cannot be raised again. If a survivor previously brought a claim but was unsuccessful, the Act may allow that claim to be re‑raised. We can advise you carefully on whether the law permits further action in your circumstances.
Who can be sued in a childhood abuse claim?
Claims may potentially be brought against an individual abuser, where they have sufficient assets to meet a compensation award, or an organisation that can be held legally responsible for the abuse.
Under the legal principle of vicarious liability, an organisation may be responsible for abuse committed by someone acting on its behalf. This can include institutions such as care providers, religious organisations, schools, clubs or youth groups, depending on the circumstances.
What if the abuser has died?
It may still be possible to pursue a claim against the estate of the deceased, provided their assets have not already been distributed. Each case depends on its facts, and specialist advice is essential.
Can I remain anonymous in a civil childhood abuse claim?
Unlike criminal proceedings, civil claims do not provide automatic anonymity. However, in appropriate cases, the court can grant orders protecting a survivor’s identity. We regularly seek such protections where privacy is a concern and will advise you on what safeguards may be available.
Can a childhood abuse claim be rejected because it is too late?
The Act also recognises the defender’s right to a fair hearing. In limited circumstances, a court may dismiss a case if it concludes that it cannot be fairly tried, for example due to the passage of time or previous proceedings. Importantly, these decisions are made by the court, not automatically, and each case is assessed on its own merits.
Specialist advice matters to Digby Brown
The law surrounding historical abuse claims is complex and highly sensitive. At Digby Brown, we have long‑standing experience acting exclusively for survivors, and we provide clear, independent advice at every stage.
If you would like to understand how the law applies to your situation, we can help you explore your options with care, discretion and respect.
Meet the Non‑Accidental team
Richard Pitts
Specialist in cases involving public bodies. Known for taking on complex cases, including those rejected by other firms.
Colin Moffat
Experienced in Sheriff Court and Court of Session litigation. Supports survivors of serious trauma with clarity and compassion.
Catherine Hammond
Litigator with extensive experience supporting children and families. Former Children’s Panel member with a trauma‑informed approach.
0333 200 5926
Monday to Friday: 8am - 7pm
Saturday and Sunday: 12pm - 4pm
(Please note, local rate, even from mobile)
Email enquiry form
Complete our enquiry form and we will strive to reply within 24 hours
