The Scotsman

Abuse claims set to rocket

-

This week, the Limitation (Childhood Abuse) Bill will come into effect, abolishing a three-year time limit on the pursuit of abuse claims in Scotland and giving victims who suffered childhood abuse from 1964 onwards new rights to sue for damages.

This legislatio­n is part of an important drive by the Scottish Government to empower victims of historical abuse. But while the intended purpose of the new law is clear, the insurance community has raised an important considerat­ion that won’t have crossed the minds of most Scottish organisati­ons.

The fact that liable organisati­ons may face abuse claims dating back by more than half a century means they will need to retrace and map out what, if any, insurance cover they had in place throughout that period. For those that were insured, this may show a patchwork of policies with different providers, but it could also reveal blank spots or issues arising from cover being with insurance providers which have since ceased to trade or are now insolvent.

There is also no guarantee that all affected businesses and public sector organisati­ons will have held policies covering them for safeguardi­ng issues, given that there was no legal compulsion for them to do so. If a successful claim comes from a time period an organisati­on is not properly covered for, they could find themselves directly liable for the potentiall­y substantia­l cost of the damages.

These complicati­ons will add to the already huge administra­tive and financial pressures expected to result from an increase in claims. There will be significan­t practical challenges in responding to and investigat­ing claims as old as 50 years. Valid questions have been raised about how local authoritie­s and the Scottish court system in particular will cope. A new protocol to make the claims process simpler and a financial redress scheme have both been proposed to help tackle this, but, in reality, they could only scratch the surface of the issue.

Difficulti­es are exacerbate­d by a lack of clarity over what is defined as “abuse”. The wording of the legislatio­n suggests it covers everything from systemic emotional and physical abuse received while in care, to corporal or verbal punishment in a school setting.

It’s clear that a rise in claims will present challenges. Scottish organisati­ons need to prepare their back and front office functions to handle the administra­tive task of any influx. Doing this means the process of delivering compensati­on, if necessary, will be more financiall­y manageable. But digging out and resolving coverage blank spots can be a complex and time consuming process, so engaging expert support, either from a solicitor, or in the form an insurance archaeolog­ist – a specialist who majors in recovering old insurance policies – is sensible. ● Pamela Stevenson is a partner at Weightmans LLP in Glasgow

Newspapers in English

Newspapers from United Kingdom