Nicole Keeling
The government has confirmed that the longstanding three-year time limit for victims of child sexual abuse to bring civil claims will be removed.
This significant reform, which follows recommendations made by the Independent Inquiry into Child Sexual Abuse (IICSA), aims to provide survivors with more time and support to pursue justice, free from the constraints of a rigid legal deadline.
Currently, survivors must file civil claims within three years of their 18th birthday, unless they can demonstrate that a fair trial could still take place despite the passage of time. This rule has long been criticised as an obstacle to justice, particularly given the prolonged trauma many survivors face before they are able to speak out. The reforms announced today are expected to make it easier for victims to bring cases, with the burden of proof now shifting from victims to defendants. If a defendant seeks to block a claim, they will need to prove that a fair trial cannot occur, for example, due to a lack of evidence.
Shabana Mahmood, the Lord Chancellor, welcomed the changes, describing them as “long overdue.” She highlighted that the new approach aligns with the government’s broader mission to address and reduce violence against women and girls, as well as its commitment to supporting survivors of child sexual abuse.
The reform has been celebrated by campaigners and legal experts alike. Kim Harrison, president of the Association of Personal Injury Lawyers, called the removal of the time limit “the right thing to do,” noting that many survivors struggle with deep fear and trauma for decades before they feel able to seek justice. The average time it takes for someone to disclose sexual abuse is between 24 and 27 years, and as such, the government’s decision to remove the time limit is seen as a major step towards more equitable access to justice.
Gabrielle Shaw, CEO of the National Association for People Abused in Childhood (NAPAC), described the announcement as a “watershed moment” for survivors. Shaw praised the recognition of the long-term impact of trauma, ensuring that victims are no longer excluded from seeking compensation simply because of the time it takes them to come forward.
In addition to removing the time limit, the government also plans to amend the “Law of Apologies.” The changes will encourage employers, including schools, hospitals, and care facilities, to offer apologies to victims of abuse committed by their employees. Often, institutions have been reluctant to apologise due to concerns that such admissions might be interpreted as an acknowledgment of liability. Under the new law, victims are more likely to receive meaningful apologies, which can play a crucial role in the healing process.
While the removal of the time limit will not apply to claims brought on behalf of a deceased victim’s estate, it will apply to all civil child sexual abuse claims, including those that might have been previously dismissed or settled. The government has stressed that the changes will not be retrospective and will require new primary legislation to be fully enacted.
The new reforms are part of a wider package of measures based on the IICSA’s final report, which also includes the introduction of a mandatory reporting duty for those working with children. This obligation, which is expected to be part of the upcoming Crime and Policing Bill, aims to ensure that professionals report sexual abuse when they become aware of it. These initiatives are designed to protect vulnerable children and prevent future abuses from going undetected.
For more details on these changes and to read the full consultation response on the limitation law reforms, visit the official consultation page.
As these significant reforms move forward, it is hoped that survivors of child sexual abuse will have more opportunities to seek justice and healing, and that these changes will continue to foster a legal environment that is more supportive of survivors’ needs.