Questions about historical abuse compensation claims
We understand that taking the step to seek advice about historical abuse can be difficult. Many survivors tell us they feel uncertain, anxious, or unsure of what will happen next. That is completely understandable.
Our role is to support you, protect your interests, and guide you through the legal process clearly and sensitively, at your pace. Below we answer some of the questions we are most often asked. If you would like to speak to someone privately, our team is always here to listen.
What information do I need to provide when I first contact you?
At the initial stage, we only need a small amount of information to understand how we may be able to help. This usually includes:
- Your contact details
- The name of the person or people who abused you (if known)
- The nature of the abuse
- Where and when it took place
If you have police or court reference numbers, these can be helpful, but they are not essential. We appreciate that recalling these details may be difficult and will guide you carefully through this first conversation.
Will I have the opportunity to meet my lawyer?
Yes, we believe that trust and understanding are essential. You will have the opportunity to meet your lawyer in person, at a time and place that feels comfortable for you.
If you prefer, meetings can also take place by telephone or video call.
Is there a time limit for making a claim?
Changes to the law mean that it is now easier for survivors of childhood abuse to bring civil claims, even many years after the abuse occurred.
The Redress Scheme for Scotland operates for a limited period, and time limits can also apply to Criminal Injuries Compensation Authority (CICA) claims. We will explain clearly which options remain open to you and help you decide on the best course of action.
What evidence is needed to make an abuse claim?
We understand that records may be incomplete or difficult to trace, particularly in historical cases. You are not expected to gather evidence yourself.
Our specialist team will:
- Obtain records confirming your presence at relevant institutions or locations
- Recover documents that may support your claim
- Request police and Crown Office records where an investigation has taken place
Many survivors have never reported the abuse to the police. We understand this entirely and will advise you on what evidence may still be available.
What if the person who abused me has died?
This is common in historical abuse cases. It does not automatically prevent a claim.
Each case is assessed on its own facts, but it is often still possible to pursue compensation even where the abuser has died. We will provide clear, honest advice about the prospects of success.
What if I don’t have any witnesses?
Many survivors do not have witnesses, and this does not prevent a claim from being investigated. Part of our role is to explore whether witnesses or corroborative evidence can be identified. You should not be discouraged from seeking advice because you feel you are the only one who remembers what happened
Who will know about my claim?
Your privacy is extremely important to us. Where cases proceed through the courts, we regularly seek orders protecting our clients’ anonymity.
Your identity will need to be disclosed to the opposing solicitors, and any organisations from whom records are requested.
We handle all disclosures professionally and discreetly.
Will I remain anonymous?
In many cases, yes. The court can grant anonymity where it is appropriate, and we will make this request on your behalf whenever possible.
Do I need to undergo a medical examination?
In civil claims, medical evidence is usually required. Any examination will be arranged with care, sensitivity, and respect for your wellbeing.
Will I need to go to court?
Most cases settle without the need for a court hearing. If a hearing is required, the court can put special measures in place to support you, such as giving evidence from behind a screen. We will explain the process fully and prepare you carefully.
What if my abuser was never convicted?
A criminal conviction is not required to make a civil claim. Civil cases are decided on a different standard of proof, and many survivors successfully recover compensation even where no conviction was secured.
I received compensation before but believe it was too low – can I make another claim?
If you previously received a CICA payment, you may still be entitled to pursue further compensation through a civil claim or the Redress Scheme. We will advise you on whether additional options are available.
What if I no longer live in Scotland?
We act for clients throughout the UK and internationally. We can keep you fully informed wherever you live, and meetings can be arranged by telephone or video call if preferred.
What if the organisation where I was abused no longer exists?
This can be legally complex, but it is not unusual in historical abuse cases. We have extensive experience in identifying the correct legal body to pursue, even where organisations have closed or changed.
Will I need to deal directly with the person or organisation responsible?
No. Once instructed, we handle all communication on your behalf.
Do you provide financial advice after a settlement?
Yes. We can introduce you to trusted financial advisers who can assist with matters such as setting up a Personal Injury Trust, helping to protect your entitlement to benefits.
Can I make a claim for emotional abuse?
Yes. Claims for emotional abuse are considered in the same way as other abuse claims, and we can advise whether compensation may be available.
What if I was a victim of stalking, harassment or image-based abused?
We can assess whether compensation may be recoverable from the individual responsible or whether you may be eligible to claim through the CICA. We will guide you through the options available.
If I accept a Redress payment, can I still pursue a claim?
Whether further action is possible depends on the legislation governing the Redress Scheme and your individual circumstances. It is important to seek legal advice before making a Redress application, so you fully understand the implications and alternatives.
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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
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