Justice Without an Expiry Date – No More Time Limits for UK Child Abuse Claims

Shereen Kulczynska, Head of UK Practice

Qualified in both the UK and South Africa, Shereen has extensive experience in civil litigation and personal injury law. Prior to joining McAllister Olivarius, she practised at Shoosmiths, NewLaw Solicitors and Slater & Gordon. She specialises in personal injury claims, including historic child abuse cases.

If you are only now finding the words to speak about what happened 20, 40, or even 60 years ago, you can now bring a claim in the civil courts.

For decades, the legal system operated with a ticking clock that prevented many survivors of childhood sexual abuse from pursuing justice through the civil courts. The law is now changing to better reflect the realities of trauma. From 29 June 2026, reforms introduced through the Crime and Policing Act will remove significant limitation barriers for survivors bringing historic child abuse claims in England and Wales, with the changes applying retrospectively.

Understanding the Changes to Time Limits in Historic Child Abuse Cases

Until recently, the Limitation Act 1980 acted as a barrier to many survivors of historic child abuse. Survivors generally had until their 21st birthday to start a claim. While judges could sometimes disapply this limit, the burden was on the survivor to explain the delay, a process that often felt like being put on trial for your own trauma.

This reform is a direct response to what we now know about the silent years following abuse. Survivors often face:

• Biological suppression: Trauma can physically disrupt how memories are stored and accessed.
• Feelings of shame: Grooming and manipulation can cause survivors to carry a false sense of guilt for decades.
• Persistence of power: The fear of an abuser or a powerful institution does not simply vanish on your 18th birthday.

What This Shift Means for Survivors of Child Abuse

The removal of limitation changes everything about how a claim is handled:

• Deadlines Are No Longer the Focus: The central question is no longer “Why did you wait?” but “What happened, and who was responsible?”
• Institutional Accountability Is Permanent: Schools, religious bodies, and local authorities can no longer hide behind the passage of time. If an organisation failed in its duty to protect you, they remain liable, regardless of how long ago the abuse occurred.
• Recognition of Lifelong Harm: The justice system now explicitly acknowledges the impact abuse may have had on your mental health, your education, and your career. This is a lifelong burden that requires lifelong support.

Will Every Case Proceed?

While the time bar is removed, courts still have a duty to ensure a fair trial. To ensure a fair trial is possible, courts will look at:

• The Availability of Evidence: Are there still records, witnesses, or institutional files that can help tell the story?
• The Ability to Defend: Can the defendant still respond to the allegations fairly?

However, the legal scales have tipped significantly in favour of the survivor. The intent of the law is now clear: where a case can be heard, it should be heard.

Taking Back Control

The law now recognises that making a claim for past suffering is not about reliving the past; it is about reclaiming your future. Whether you want to fund specialised therapy, cover lost earnings, or simply receive a formal acknowledgement of the truth, we are here to guide you. Our conversations are strictly confidential, and you are never under any obligation to proceed unless you feel ready.