Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S3W-07131 · Session 3

Whether the time bar of 1964 will still apply to any further proceedings being taken in connection with cases of historical institutional a…

Answered Asked by Des McNulty Lab Lodged 28 Nov 2007

The question

To ask the Scottish Executive whether the time bar of 1964 will still apply to any further proceedings being taken in connection with cases of historical institutional abuse in the care sector, following the publication of Historical Abuse Systemic Review: Residential Schools and Children’s Homes in Scotland 1950 to 1995.

The answer

Answered by Kenny MacAskill on 10 Dec 2007 · 12 days after it was lodged, on time

The HistoricalAbuse Systemic Review: Residential Schools and Children’s Homes in Scotland 1950 to 1995 does not affect the law on damages. The Scottish LawCommission (SLC) Report on Personal Injury Actions: Limitation and Prescribed Claimswas published on 5 December. The report recommends, amongst other things, that claimsin respect of a personal injury extinguished by negative prescription before 1984(i.e. claims relating to events alleged to have taken place prior to 26 September1964) should not be revived and that a special category in respect of personal injuryresulting from childhood institutional abuse should not be created. The ScottishGovernment is currently considering all the recommendations contained in the commission’sreport. Ministers are very sympathetic to survivors of historic in-care/institutionalchildhood abuse and, as well as considering the recommendations in the SLC Report,specific proposals for survivors of historic in-care and institutional abuse arebeing developed as part of the wider Survivor Scotland Strategy.

In the Official Report

No contribution in the Official Report cites S3W-07131 by reference.