A three-year time limit for bringing child sexual abuse claims will be removed so victims can come forward when they feel ready, the government has announced today.

Lord chancellor Shabana Mahmood said changes recommended in October 2022 by the Independent Inquiry into Child Sexual Abuse (IICLSA) were ‘long overdue’.

Currently, civil child sexual abuse claims must be brought within three years of turning 18, unless the victim can prove a fair trial can proceed despite the time lapse. The inquiry found that the imposition of limitation periods was one of the most challenging legal issues faced by victims and survivors of non-recent child sexual abuse.

The Ministry of Justice said today that the three-year limit for victims to pursue a personal injury claim will be axed, with the burden falling on defendants to show that a fair trial is not possible. The removal of the time limit will not apply to claims brought on behalf of victims’ estates.

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The Law of Apologies will be amended to 'encourage’ employers to apologise for the actions of former and current employees.

‘Often organisations are reluctant to apologise because of concerns it may be interpreted by individuals, such as insurers, as an admission of fault. The government will clarify, as per the IICSA recommendation, that apologies could and should be offered by employers for the actions of current or former employees,’ the ministry said today. The amended legislation will not apply to public inquiries and defamation cases.

Kim Harrison, president of the Association of Personal Injury Lawyers, said scrapping the time limit was the right thing to do. 

'It takes a survivor of sexual abuse 24 to 27 years on average to be able to tell a soul about the abuse they suffered, let alone pursue justice, for reasons including overwhelming fear, trauma, and mistrust in authorities,' Harrison added.

'The law in England and Wales has expected child abuse survivors to bring civil claims for the life-altering impact of the abuse within three years of them turning 18. For victims and survivors to find the strength to bring their cases and then to be told that they were not quick enough to act is devastating, and a significant barrier to justice.'

Gabrielle Shaw, chief executive of the National Association for People Abused in Childhood, described today's announcement as a ‘watershed moment’ for survivors.

‘These reforms recognise the long-term impact of trauma and ensure survivors are not excluded from seeking redress simply because of the time taken to come forward. [The association] also welcomes greater clarity on apologies. A sincere apology, when freely given and supported by meaningful action, is invaluable - especially as part of wider efforts to ensure accountability and prevent future harm,' Shaw said. 

Harrison called on the government to now embark on a 'full and proper' consultation on a redress scheme. 'Victims and survivors who cannot face taking a case through the courts must have a workable alternative as an option to pursue the justice they need,' Harrison said.

 

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