On 5 February 2025, the Ministry of Justice announced that the three-year limitation period for compensation claims by victims of child sexual abuse will be removed in England and Wales. This will align the laws of England and Wales with Scotland, which removed time restriction on making claims by survivors of childhood sexual abuse in 2017.
As things stand, civil claims arising from child sexual abuse must be brought within three years of the claimant turning 18, unless the court grants an extension. We know that victims and survivors of child sexual abuse can take years to process what happened to them, let alone speak to lawyers and pursue a legal claim for compensation. For many victims, the three-year time limit presents an obstacle to justice, and the latest announcement is something to be celebrated.
In announcing this change, the courts of England and Wales will follow various other jurisdictions that have already revised their laws to reflect the realities faced by survivors of child sexual abuse, including many states in the US and Canada, as well as Australia.
The announcement follows the findings of the Independent Inquiry into Child Sexual Abuse (IICSA), which recommended the removal of the three-year limitation period in England and Wales. The Ministry of Defence has confirmed that removal of the three-year limitation period will apply to all civil child sexual abuse claims that have not already been settled or dismissed by a court. This means the change will apply to all historic cases of abuse brought by living individuals, even if the abuse they suffered predates the introduction of the new law. However, it will unfortunately not apply to cases which have already been resolved by the courts, nor will it apply to claims brought on behalf of deceased victims and survivors by their estates.
It appears this change is limited solely to those who were minors at the time of their abuse. The three-year limitation period will continue to apply to victims and survivors who were over the age of 18 at the time of their abuse.
When Will This Change Take Effect?
This change is not yet in force. The reform will require primary legislation, meaning an Act of Parliament is required to bring the change into effect. The government has yet to announce when this will happen, though the Ministry of Justice has stated that it be implemented “in due course.” Once this process begins, we will have further information about how the new law will apply. In the meantime, we will be happy to answer any questions from those who believe they may have legal claims for historic sexual abuse.
If you are a survivor of child sexual abuse, we may be able to help you bring a claim.
McAllister Olivarius has a proud history of helping victims and survivors fight their abusers. We know how difficult it can be to discuss traumatic incidents from your past, but our experienced, trauma-informed solicitors will help guide you through the entire process.