The question of how long survivors of abuse have to bring a civil claim has been one of the most debated areas of UK personal injury law over the past decade. The Independent Inquiry into Child Sexual Abuse (IICSA) recommended significant reform, and pressure on the position in England and Wales has continued.
England and Wales
The standard rule under the Limitation Act 1980 is that personal injury claims (including abuse claims) must be brought within three years of the cause of action accruing or the survivor's date of knowledge, with the courts retaining a discretion under section 33 to extend that period. IICSA recommended removing the three-year limitation period for child sexual abuse claims and reversing the burden of proof on limitation. Government responses have signalled openness to reform but, at the time of writing, primary legislation has not yet been enacted.
Scotland
Scotland moved earlier through the Limitation (Childhood Abuse) (Scotland) Act 2017, which removed the three-year limitation period for civil claims arising from childhood abuse occurring on or after 26 September 1964. This has had a meaningful impact on the willingness and ability of survivors to bring historic claims in the Scottish courts.
Northern Ireland
Northern Ireland has faced its own debate around limitation periods for abuse claims, and operates the separate Historical Institutional Abuse (HIA) Redress Scheme established following the HIA Inquiry. Reform discussions are ongoing.
Even where statutory reform has not been enacted, courts retain a discretion to allow historic abuse claims to proceed beyond the standard limitation period. Each case turns on its own facts, and survivors should not assume their claim is too old without taking advice.
