By Dinya Rasool, Solicitor in the Abuse Team at Bolt Burdon Kemp

Child sexual abuse survivors will be able to pursue legal claims more easily after the Government scrapped the restrictive three-year deadline.  

In what NAPAC campaigners called a “watershed moment”, the Government is implementing recommendations from the 2022 Independent Inquiry into Child Sexual Abuse (IICSA), which will also make it easier to gain an apology.

Here we explain the law and how the changes will impact legal claims.

The law

Statutes of limitations set time limits for when a legal claim can be filed, and these time limits vary depending on the nature of the claim.

Historically, in civil cases, the statute of limitations for personal injury claims, including those for abuse, was three years from the date of the injury or from the date when the victim became aware of the injury. This would apply to damages for physical or sexual abuse.

For children who were abused, the countdown would not start until the child turned 18, giving them until the age of 21 to bring a claim.

However, child sexual abuse victims often don’t come forward until much later in life, due to trauma, fear, or a lack of understanding of what happened to them. As a result, it became apparent the law as it stood was preventing justice for survivors.

Over time, the UK has made several reforms in response to the difficulties faced by victims of non-recent abuse.

For cases of child sexual abuse, the UK has relaxed the statute of limitations in civil cases. In 2013, the Government introduced legislation allowing victims of non-recent child sexual abuse to bring civil claims even after the usual limitation period had passed in cases where there was no reasonable opportunity to pursue the claim at the time. However, it must be proven a fair trial can proceed, despite the time delay.

This year, the Government decided to implement recommendations put forward by the 2022 Independent Inquiry into Child Sexual Abuse (IICSA), to remove the three-year time limit for victims and survivors of child sexual abuse.

This important reform is a huge victory for survivors of childhood sexual abuse, ensuring they no longer face a restrictive deadline when seeking justice.

What do the recent changes mean for my claim?

The removal of the time limit for filing a claim provides significant relief for survivors, offering them the chance to seek justice when they are ready, regardless of when the abuse took place or when they decide to come forward.

Survivors will no longer face pressure to meet a deadline or be forced to justify why they waited years to speak out. They won’t have to carry the burden of explaining why they couldn’t come forward sooner which has deterred a lot of victims in bringing their claims.

Crucially, this change means a claim can proceed unless the defendant proves to the court that the delay has made a fair trial impossible. This is a positive development for survivors, as the responsibility of proving unfairness due to the time lapse is shifted away from them.

This reform represents a move toward a fairer process that prioritises the needs of survivors, ensuring they aren’t denied justice because of the time it takes to heal and speak out.

At Bolt Burdon Kemp we recognise disclosing abuse is an immensely challenging decision. Most importantly, survivors should make that crucial step when they feel that they are ready and the recent shift in legislation supports this.

We work together with NAPAC and understand the legacy of childhood abuse and trauma survivors’ experience. Our abuse team wants to make sure every survivor gets the justice and support they need which can help their healing process.  

If you would like to obtain specialist legal advice on abuse claims, please contact the abuse team at Bolt Burdon Kemp for free and confidential advice on your legal options.