This week, the Scottish Child Abuse Inquiry (SCAI) has announced that on 21 and 23 January 2019 it will hear evidence, via video link from Australia, of witnesses whose evidence is relevant to the child migrant case study. Prior to migration, the witnesses were children in care in residential care establishments run by religious organisations.
The Scottish Child Abuse Inquiry (“SCAI”) is already investigating 69 institutions. Continue reading
A Scottish Government commissioned panel, the Scottish Human Rights Commission InterAction Action Plan Review Group, has reported to the Scottish Government that the state has a duty to ensure effective remedies for violations of human rights, including abuse in care. The panel has called for legislation on this by the end of the Scottish parliamentary session in 2021. It has also recommended that there should be an early payment scheme in place to benefit older survivors of abuse in residential care settings. The Scottish Government has undertaken to give these recommendations “early, detailed and sensitive consideration” and to “report back to parliament in due course”. Continue reading
The National College of Training and Leadership (the Teacher Regulation Agency) has had its statistics in relation to teacher bans analysed and sexually motivated inappropriate conduct was found to be the reason in a third of them. Continue reading
Phase 2 of the public hearings at the Scottish Child Abuse Inquiry drew to a close last week and the Chair, Lady Smith, took the opportunity to review what it had achieved to date and to outline the next steps of the inquiry’s work. Continue reading
In September 2017 we reported on the issue of ‘up-skirting’ – the practice of taking a picture up the skirt or dress of a woman or girl in public, sometimes as part of a programme of harassment by the person taking the picture, often occurring without the victim ever being aware. The photos are then often circulated to others invading the privacy of, distressing and humiliating whomever is in the picture. At the time it was noted that this was an example of where the law had not caught up with the misuse of technology. However, today the government has indicated that it will support a private members bill – the Voyeurism (Offences) Bill 2018 – to make the practice a criminal offence in England and Wales. The Bill will have its second reading in the House of Commons on 15 June 2018 and it is understood to have cross party support. Continue reading
Western Australia is the latest state to introduce laws which will enhance the prospects of success for claimants’ bringing claims for damages arising out of non-recent sexual abuse. Following the lead of all other states, apart from South Australia, legislation has just been enacted that will abolish the 6 year limitation period. The recently concluded Royal Commission found that on average an individual waited 22 years to disclose their abusive experiences The changes being introduced also provide a legal basis for suing institutions in the name of their current office holders and include provisions designed to overcome difficulties survivors may face in identifying a correct defendant. Continue reading