On 5 February 2025, the Ministry of Justice announced their intention to implement long awaited changes to the three-year time limit bar in child sexual abuse civil compensation claims. This will allow those who have suffered sexual abuse as children to pursue civil compensation claims when they are ready and wish to do so.
England and Wales following the lead of Scottish Law?
On 4 October 2017, the three-year limitation rule was abolished in Scotland, with retrospective effect. This applies to claims involving physical, psychological, or emotional arising from childhood abuse, and also applies to abuse which takes the form of neglect where the abuse started before the victim reached the age of 18. It should be noted that a defendant can counter a victim’s claim if they can argue that in their entitlement to a “fair hearing” they consider that they will suffer “substantial prejudice” if the case proceeds which is sufficient to outweigh the claimant’s interest. So the Scottish law change is not absolute and still leaves scope for those defending a civil claim for non-recent abuse to persuade a court not to allow the claimant to succeed.
What is the general rule regarding time limits in civil compensation claims?
The general rule in English law is that an adult who is harmed or injured must bring their claim within three years from the date of their injury. Childhood sexual abuse constitutes “harm”, even if no violence was used. This means a claim must be registered at court by this time. If a child is harmed the clock only starts ticking when they are 18 years old, this means that they must register their compensation claim before their 21st birthday. These rules have been in force since the Limitation Act 1980, and the legal principle is known as ‘limitation’.
Are there any exceptions?
Mental incapacity: If the person who suffered the sexual abuse lacks mental capacity, the limitation period does not start until they regain capacity.
Do the courts have discretion to extend the three-year time limit?
The court has the discretion to disapply the time limit and extend the limitation period if it is fair to both parties to do so. When considering whether to extend the limitation period the courts will consider the length of the delay, the reasons for it, and whether a fair trial is still possible. This is particularly difficult in cases where the abuser is dead, and where there have been no successful criminal proceedings against the abuser although not impossible.
Victims of sexual abuse may have their own individual reasons for delaying in bringing their civil compensation claim. However, there are reasons that are common amongst those who have suffered sexual abuse. Many have suffered mental health issues, feelings of guilt, shame and a fear of not being believed. Some will wait until their elderly parents or other family members are no longer around for fear of distressing them. In civil compensation claims, this is usually explored by Consultant Psychiatrists in medical evidence.
What did the Independent Inquiry into Child Sexual Abuse recommend in relation to the three-year time limit?
The Independent Inquiry into Child Sexual Abuse (IICSA) was set up to investigate the extent to which institutions and organizations in England and Wales have failed in their duty to protect children from sexual abuse and exploitation. IICSA has made recommendations regarding the limitation periods for claims related to child sexual abuse. These recommendations include considering the removal or extension of limitation periods in such cases to ensure that survivors have adequate time to come forward and seek justice.
What did the Government recently announce about changes to the three-year time limit?
On 5 February 2025, the government for England and Wales released a statement announcing that the three-year time limit for bringing child sexual abuse claims is to be removed and it will now be the responsibility of the perpetrator or those accountable for the perpetrator to prove that a fair trial is not possible. This was widely reported in the media and welcomed by many.
The Ministry of Justice also said that they would amend the law surrounding apologies with a view to encouraging institutions/organizations whose employees both past and present have sexually abused individuals. This is welcome as an apology can go a long way in showing a victim of sexual abuse that they are truly sorry for what has happened to them. Regrettably, many Defendants do not offer this. It is thought that may are fearful that it will be interpreted as an admission of fault which can be relied upon in a civil compensation claim.
Conclusion
The details of the proposed changes were published in a press release on 5 February 2025. It is likely to be some time before the time limit reforms are established in law. But this seems to be good news for adult survivors of abuse who have for too long have been obstructed in their pursuit of justice simply because they were “too late”. In the meantime, the three-year time limit remains a difficult hurdle to overcome. Emmott Snell Solicitors have significant experience in dealing with those organisation, institutions or individuals who seek to avoid their liability to victims of child sexual abuse by relying on the three-year time limit.
If you have suffered sexual abuse as a child and are considering making a civil compensation claim, please don’t hesitate to get in touch with Emmott Snell Solicitors for an informal, no obligation, and wholly confidential chat.
