ABSTRACT

The legal framework of child protection in the Netherlands differs considerably from that in the United Kingdom. There are few child abuse tort claims in the Netherlands. This might have to do with the fact that the Dutch were, at least until a few years ago, not very claim-conscious. Cases of child abuse will mainly give rise to claims regarding psychological harm, which caused pecuniary as well as non-pecuniary damage. The most important hurdle to be overcome in Dutch tort law in cases like Barrett and Bedfordshire is the hurdle of limitation. According to article 310 section 1 of Book 3 of the Dutch Civil Code a claim for damages expires five years after the victim became aware of both the damage and the person responsible. In the field of child abuse there are alternative remedies, although they can not replace a tort claim. There are few child abuse tort claims in the Netherlands.