The impact that the removal of the limitation period will have on child sexual abuse claims
For many years survivors of child sexual abuse have faced significant hurdles when presenting a claim for compensation.
The law stated that a claim must be presented within 3 years of the date of the assault or if the assault was suffered as a child, a claim must be presented before the age of 21 years. The Court did provide discretion under section 33 of the Limitation Act, but this compelled survivors to explain the reasons behind their delay. This was despite a large volume of evidence showing that it was usual for a person who had suffered sexual abuse not to be able to disclose their abuse for a period of 20 plus years.
The Crime and Policing Act 2026 presents one of the most significant reforms to this area of law, by removing the limitation period for child civil sexual abuse claims. This reform will come into force on the 29th June 2026 and will remove a barrier to presenting a claim.
The focus for the Court now, is not why the survivor was not able to present a claim within the limitation period, but rather can the Defendant demonstrate why a fair trial cannot take place because of the passage of time.
Whilst the change does not mean that every child sexual abuse claim will automatically succeed, as evidence of the abuse will still need to presented to the Court, it does mean that the Court should no longer consider prejudice to the Defendant when determining whether a fair trial is possible, we now have a pure test of a “fair hearing”.
More importantly, it means that survivors of abuse do not have to be questioned or justify the timing of their disclosure. Many survivors of childhood sexual abuse are unable to disclose their experiences until decades later. They suffer from feelings of shame, embarrassment, fear, guilt and mistrust especially in their abuser was a person in a position of trust.
Disclosures may have been made earlier as a child, only to have been ignored or disbelieved and in these circumstances, it takes a huge amount of courage to make a second disclosure.
This evidence clearly shows that the old law was out of date and did not fully understand the effects of child sexual abuse. This change recognises the impact of child sexual abuse on a survivor and that every individual is different and will disclose their experiences in their own time, sometimes never being able to do so.
Justice is no longer determined on a survivor’s ability to disclose their abuse “in time”, especially when the abuse they have suffered will in itself have contributed to the timing of their disclosure.
This amendment to the Limitation Act was recommended by the Independent Inquiry into Child Sexual Abuse (IICSA) in October 2022. This was after hearing evidence from survivors that the current legal system did not understand the trauma suffered by child sexual abuse and the need for the law to evolve. This change, therefore, is at last recognition of what survivors of abuse have been saying for many years.
There is however still more to do. Time limits for survivors of child physical abuse need to be reviewed as does limitation generally for adult survivors of sexual abuse. The campaign to extend the time limits to present a claim to the Criminal Injuries Compensation Scheme continues.
However, a claim for child sexual abuse should now be considered by the Court on the evidence presented before them and not on the timing of the claim and reasons for any delay. This is an important change for survivors of childhood abuse; their claim is now determined on the facts of their claim and not on time limits.
Jordans Solicitors - How we can help
Jordans Solicitors are acting on behalf of vulnerable children and young adults whom it is alleged were sexually abused in a number of different types of institutions. We understand how difficult it can be for you to talk about the abuse you suffered during your childhood. That’s why our specially trained child abuse solicitors work closely alongside psychologists and barristers to support you both emotionally and legally.
If you have been affected by anything in this article and would like to speak to one of our team members in confidence, then please do not hesitate to contact us. Our highly skilled abuse team will advise you on the available options for pursuing a civil damages claim.
Please contact the abuse team on If you want to discuss the options that are open to you, please contact our specialist Abuse Team at Jordans Solicitors on 08009555094 or 03303001103 or request a call back.
