Victims of historic child sexual abuse will no longer face a three-year limitation period for bringing civil claims, the UK government has announced. This long-awaited reform will allow survivors to seek justice when they are ready, rather than being constrained by arbitrary legal deadlines.
The Long Overdue Legal Change
Lord Chancellor Shabana Mahmood confirmed that the Independent Inquiry into Child Sexual Abuse (IICSA) had recommended this reform as early as October 2022, highlighting that the existing time limits posed significant barriers to justice for survivors.
Previously, survivors of child sexual abuse had to file personal injury claims within three years of turning 18, unless they could prove that a fair trial was still possible despite the time lapse. The Ministry of Justice (MoJ) has now confirmed that this limitation will be abolished, shifting the burden onto defendants to demonstrate that a fair trial cannot proceed due to the delay.
However, it is important to note that the removal of the time limit will not apply to claims made on behalf of a victim’s estate.
Case Law: Historical Barriers to Child Abuse Claims
For years, child sexual abuse survivors have faced legal roadblocks due to strict limitation laws. One of the most notable cases is A v Hoare [2008] UKHL 6, where the House of Lords ruled that limitation periods could be extended in exceptional circumstances, but the burden remained on the claimant to justify the delay.
Similarly, in KR v Bryn Alyn Community (Holdings) Ltd [2003] UKHL 57, survivors of institutional abuse faced significant evidentiary challenges due to the passage of time, leading to dismissal of claims on the grounds of fairness to the defendant.
These cases, among others, have demonstrated the systemic failure of limitation rules to accommodate the psychological impact of abuse, where victims often take decades to disclose their trauma.
Legal Reforms: Encouraging Accountability
Alongside the removal of time limits, the Law of Apologies will also be amended to encourage organisations to apologise for misconduct by former or current employees.
Many institutions have historically been reluctant to issue apologies, fearing that such statements could be interpreted as admissions of liability by insurers. The government has now clarified that apologies should be encouraged and will not automatically be taken as admissions of fault, aligning with IICSA recommendations. However, this change will not apply to public inquiries or defamation cases.
Reactions from Legal and Victim Advocacy Groups
Kim Harrison, president of the Association of Personal Injury Lawyers, praised the decision:
“It takes a survivor of sexual abuse 24 to 27 years on average to tell anyone about the abuse they suffered, let alone pursue justice. The previous limitation rule effectively punished survivors for the time it took to process their trauma.”
Gabrielle Shaw, CEO of the National Association for People Abused in Childhood, called the announcement a “watershed moment”, recognising the lifelong impact of trauma and the importance of redress.
What Happens Next? Calls for a Redress Scheme
While this legal reform is a significant victory, campaigners argue that more needs to be done. Kim Harrison has urged the government to introduce a formal redress scheme for victims unable to pursue court claims:
“Survivors who cannot face taking a case through the courts must have an alternative route to justice.”
The removal of limitation periods is a crucial step towards ensuring survivors have unrestricted access to legal recourse. However, the effectiveness of these reforms will ultimately depend on how they are implemented and whether institutions take meaningful action to acknowledge past wrongs.
Historic Child Abuse Compensation Further Reading
It is crucial to instruct specialist child abuse solicitors rather than suffer in silence, as we have the expertise and sensitivity to advise on the complexities of abuse claims. Many survivors face legal barriers, emotional trauma, and institutional resistance when seeking justice, making professional legal support essential. Specialist solicitors understand limitation laws, evidentiary challenges, and the psychological impact of abuse, ensuring victims receive the maximum compensation and recognition they deserve. They also provide a confidential, supportive environment, guiding survivors through the process with compassion and expertise. No one should have to suffer alone—legal help is available to hold perpetrators accountable and secure justice.
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