• STV
  • MySTV

Compensation hopes fade for oldest child abuse victims

The Scottish Government has pledged to find a solution as soon as possible.

Abuse: Victims in cases dating back to 1964 cannot claim compensation.
Abuse: Victims in cases dating back to 1964 cannot claim compensation. PA

The oldest survivors of child abuse in Scotland fear they are being denied any hope of winning compensation.

The Scottish Government is opening the way for hundreds of victims to seek damages through the courts but the change will not apply to cases pre-dating September 1964.

Ministers considered whether or not the so-called 1964 rule could be changed retrospectively but were advised doing so would contravene the European Convention of Human Rights.

Campaigners say the oldest survivors are dying out with no prospect of receiving justice.

Deputy first minister John Swinney has pledged to seek out a solution as quickly as possible.

Frank Docherty, of the In-Care Abuse Survivors charity, claims he suffered years of abuse at the hands of nuns at the Smyllum asylum in Lanark.

He said the experience was still raw despite the incidents taking place more than 60 years ago.

"You were brought up to revere these people and respect them," he said.

"But they ridiculed you in front of the rest of [the children]."

"There are some things that never leave you. She made a habit of pulling you up during the day and saying 'remember boy, what you've got to get before you go to bed'."

Mr Docherty said four committee members had died in the past year without getting closure.

He added: "Why can Australia do it? Why can Ireland do it? And Canada? And yet here, they have got a cut-off date... The only way we can get back or hurt these people is money."

The Scottish Government is searching for a solution to the 1964 impasse.

Northern Ireland's child abuse inquiry has recommended a state-backed scheme which could provide compensation payments of up to £100,000, with contributions from institutions that ran the homes where abuse took place.

Asked if Scotland could follow Northern Ireland's example, Mr Swinney said: "There is that possibility, certainly for the pre-1964 cases we'd have to consider something of that nature, because there's no legal route for us to open up those cases any further than 1964.

"The government has moved very swiftly to take forward the various changes that we're making.

"The historic child abuse inquiry has been established under this Government. The Limitation Bill is a big departure of legal principal. The Government has taken steps as quickly as possible.

"It is of an urgent nature. I readily acknowledge the fact that some survivors are worried that this takes time, but we will address that as quickly as we possibly can and come to conclusions based on the dialogue that we take forward."

http://www.parliament.scot/S5_JusticeCommittee/Inquiries/Police_Scotland.pdf | default

Holyrood's justice committee is currently considering plans to remove the current time bar for bringing a civil court claim for damages within three years of the abuse taking place but it would not enable abuse survivors from before 1964 to seek redress in the civil courts.

MSPs were told on Thursday that the cost of removing the limit for victims of childhood abuse "may have been underestimated".

Police Scotland warned the impact of the Limitation (Childhood Abuse) (Scotland) Bill could be much higher than expected.

Financial documents published alongside the bill estimate the change in the law would result in about 2200 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 5000 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 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 proposals are also supported by the Former Boys and Girls Abused in Quarriers Homes (FBGA), Scottish Human Rights Commission, Victim Support Scotland and the Law Society of Scotland.

Download: The STV News app is Scotland's favourite and is available for iPhone from the App store and for Android from Google Play. Download it today and continue to enjoy STV News wherever you are.

One account. All of STV.

This field is required. That doesn't look like a valid e-mail format, please check. That e-mail's already in our system. Please try again.
ShowHide
Forgot password?
This field is required. This must be at least 6 characters long. Did you enter your details correctly?
If you've forgotten your details then use the 'Forgot password?' link.
Need to reset your password?

We'll send a link to reset your password to

We've sent you details on how to reset your password

Please check your email and follow the instructions.

Forgotten your email address?

Have you forgotten the email address that you previously joined with? Don't worry, by emailing enquiries@stv.tv we can help.

One account. All of STV.

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This must be at least 6 characters long.
ShowHide
This field is required. This must be at least 6 characters long.
You must be over 16 to join STV.
This field is required. This doesn't appear to be a valid date
We need this to check that you live in an STV region.
This field is required. This doesn't appear to be a valid postcode
Would you like us to email you about our great shows and services from time to time?
We'll only send emails we think you'll like (see example) based on information you have supplied and shows you have watched on STV Player. For details on emails and advertising, see our STV & You page.
Would you like to receive emails from the Scottish Children's Lottery about draws, instant games and competitions?
We support the Scottish Children's Lottery (SCL), which is managed by our colleagues at STV ELM Ltd. You can find out more about the SCL on its website, including its Privacy Policy.

By continuing you agree to our Terms of Use, and understand our Privacy and Cookie Policies.

Upload Profile Picture

Please make sure your image is under 2mb in size and a valid JPG, PNG or GIF.

Are you sure?

Unfortunately, you'll be unable to access our premium content. We’ll be sorry to see you go, but if you change your mind you can rejoin us at any time.

Please verify your STV account

Please verify your STV account using the email we sent you. If you have lost the email, we can send you another one, just click the button below.

Thanks

We've sent you a new verification email.
Please check your email and follow the instructions to verify your account.

Welcome to STV
Thanks for joining us.

Oops!

Sorry, you must be at least 12 years old to place a vote for your Real Hero.

Please review our Voting Terms of Use for more information.

Oops!

Sorry! It seems that you are using a browser that is incompatible with our voting service.

To register your vote please copy the below URL in to your regular mobile browser. We recommend Google Chrome, or Safari.

http://shows.stv.tv/real-heroes/voting

Oops!

Sorry, you seem to have already voted in this category.

Thanks for voting

Now share your vote with friends on your social network

Share on twitter Share on facebook

Cast your vote

Please register or sign in to continue.

Cast your vote

This field is required. This doesn't appear to be a valid date

Cast your vote

Please fill out this form to cast your vote. As you are under 16 years old you will not create an STV account. Why do we need these details?

This field is required. Please enter at least 2 characters
This field is required. Please enter at least 2 characters
This field is required. That doesn't look like a valid e-mail format, please check.
Location This field is required.
Parental Consent This field is required.

That's you. All that's left is to click the 'Submit Vote' button below. By doing so, you confirm that you and your parent or guardian have read and accept our Voting Terms of Use, Privacy Policy and Cookie policy, and that the details you have entered are correct. We'll look after them as carefully as if they were our own.