Government to Remove 3-Year Limit on Historic Child Abuse Claims

Government to remove three-year limitation for historic child sexual abuse claims.

In a landmark decision, the Government has announced they will remove the three-year limitation period for child sexual abuse cases in England and Wales. This follows the recommendations of the IICSA Inquiry which set out a number of recommendations in its report to prioritise the protection of children and to support victims of abuse.

Understanding the Previous Limitation Period

Historically, survivors were required to initiate civil claims within three years of their 18th birthday, effectively meaning you would have to bring a claim before your 21^st birthday. This provision under the Limitation Act 1980 often posed difficult challenges for many survivors, as the trauma associated with childhood sexual abuse can lead to delays in people being able to come to terms with and disclosing their experiences. Many people feel they cannot come forward whilst their abuser is alive, along with other factors such as shame, and mistrust in authorities often results in survivors coming forward many years after they suffered abuse. 

The Impetus for Change

The Government’s decision to remove the limitation period recognises that reality – that people who have suffered abuse are often unable to come forward until much later in life and this is in line with one of the main recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA).

Implications of the Reform

With the removal of the three-year limitation period, survivors of abuse will be able to bring civil claims for compensation without having to overcome the hurdle of the Limitation Act which has long impeded people’s right to justice, which often meant that, even in circumstances where offers were made in settlement, defendants or their insurers would make offers which came nowhere near reflecting the horrific nature of the abuse or the impact on people’s adult lives because of the uncertainty that a claimant would succeed at a trial.  This change should now eliminate that uncertainty and will enable parties to consider compensation that properly reflects (as much as money can) people’s experiences and the impact abuse has had upon them. 

A Step Towards Justice and Healing

This reform is a major step in acknowledging the enduring impact of child sexual abuse on individuals and on our society as a whole.  By removing the constraints of the Limitation Act for people who have suffered abuse in childhood, it will be easier for people to achieve justice against perpetrators of abuse and the institutions that they used to facilitate abuse.   

As these changes are implemented, it is very important that victims and survivors of abuse are aware of their rights and the legal avenues available to them to achieve justice and redress.  Our specialist team at Biscoes has many years’ experience in helping survivors of childhood sexual abuse to obtain justice and redress and is here to offer confidential advice to anyone affected by sexual abuse as to their rights in this changing area. 

Alternatively you can speak to our specialist team for confidential, no obligation advice as to your legal rights. Email David today dhawkins@biscoes-law.co.uk or call 023 9266 0261.