Last Updated: 17 August 2026 I Reading Time: 6 minutes
Summary
For many years, survivors of child sexual abuse faced significant difficulties when seeking compensation through the civil courts because of limitation rules. Under the previous law, personal injury claims were generally subject to a three-year time limit, although courts could extend this in certain circumstances.
Following recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA), the Government consulted on possible reforms in 2024. The consultation closed on 10 July 2024, and the Government subsequently confirmed that it would implement the IICSA recommendations on limitation.
The law has now changed. The Crime and Policing Act 2026 removes the three-year limitation period for qualifying civil personal injury claims relating to child sexual abuse in England and Wales. The reform also changes the position where the defendant argues that a fair trial is no longer possible.
Quick answer
There is no longer a three-year limitation period for qualifying civil personal injury claims brought by victims and survivors of child sexual abuse in England and Wales. The change was introduced by section 96 of the Crime and Policing Act 2026. A defendant can still ask the court to dismiss a claim where they can establish that a fair trial is not possible, so the reform does not remove the defendant’s right to a fair hearing.
In this article
- What has changed for child sexual abuse claims
- Why the law was changed
- What the previous three-year limitation period meant
- How the new rules work
- Who the reforms apply to
- What happens if a claim has already been settled or dismissed
- Why the change matters for survivors
- How GLP Solicitors can help
- Frequently asked questions
Key takeaways
- The three-year limitation period has been removed for qualifying civil personal injury claims relating to child sexual abuse.
- The change applies in England and Wales.
- The reform implements recommendations made by IICSA.
- Survivors can now potentially bring qualifying claims many years or decades after the abuse occurred.
- The defendant can still argue that a fair trial is not possible.
- The reform does not mean every historic abuse claim will automatically succeed.
- Claims that have already been settled by agreement or dismissed by a court are treated differently.
- Anyone considering a claim should obtain specialist legal advice about their individual circumstances.
What has changed for child sexual abuse claims?
The law surrounding civil claims for child sexual abuse has changed significantly.
Section 96 of the Crime and Policing Act 2026 removes the ordinary three-year limitation period for qualifying personal injury claims brought by victims and survivors in respect of child sexual abuse. It also introduces a rebuttable presumption that the claim should proceed unless the defendant can satisfy the court that a fair hearing cannot take place.
This is an important change for survivors who may have previously been concerned that too much time had passed to bring a civil claim.
The reform follows the recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA), which found that limitation law could create a significant barrier to justice for survivors of non-recent child sexual abuse.
Why was the law changed?
Child sexual abuse can have profound and long-lasting consequences. Survivors may not feel able to disclose what happened for many years.
IICSA heard evidence that survivors can experience feelings including shame, guilt, anger and distrust, and may try to suppress or block memories of their abuse. These factors can make it difficult for someone to come forward within a conventional limitation period.
The Inquiry therefore recommended removing the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse.
The Government initially consulted on a range of possible approaches in 2024. At the time, the Government did not support complete removal of the limitation period, although it invited views on the possibility.
Following the consultation, however, the Government changed its position and accepted the IICSA recommendations. The consultation response was published in February 2025.
What was the old three-year limitation period?
Under the previous rules, personal injury claims were generally subject to a three-year limitation period.
For a child sexual abuse claim, the position was particularly complicated because the time limit could run from the date of the abuse, the date of knowledge, or, where the claimant was a child, from when they reached adulthood.
There was an important exception.
Under section 33 of the Limitation Act 1980, the court could allow a claim to proceed despite the expiry of the normal limitation period where it considered it fair and appropriate to do so, taking the circumstances of the case into account.
This meant that being outside the three-year period did not necessarily mean a survivor had no claim. However, the survivor could face an additional legal hurdle in persuading the court that the claim should be allowed to proceed.
What does the new law mean for survivors?
The new rules remove that fixed three-year limitation period for qualifying civil personal injury claims relating to child sexual abuse.
In practical terms, a survivor may now be able to pursue a civil claim even where:
- The abuse happened many years ago.
- The survivor was a child when the abuse occurred.
- The survivor did not disclose the abuse until adulthood.
- The previous limitation period has already expired.
The Government has recognised that child sexual abuse claims are frequently brought long after the events in question. The new legislation is intended to remove limitation as a barrier to these claims.
Does this mean there is no deadline at all?
For qualifying child sexual abuse personal injury claims, the three-year limitation period no longer applies.
However, this should not be interpreted as meaning that every historic claim can automatically proceed or that there are no other legal issues to consider.
A claim still needs to meet the relevant legal requirements, and the court can consider whether a fair hearing is possible.
It is therefore important to seek legal advice rather than assuming that the change guarantees a successful claim.
What happens if the defendant says a fair trial is impossible?
The new law also changes who has to address this issue.
Under the previous system, a claimant could have to satisfy the court that a fair trial remained possible when bringing a claim outside the usual limitation period.
Under the new rules, the position is reversed.
The defendant must satisfy the court that a fair hearing cannot take place if they want the claim dismissed on that basis.
This does not remove the defendant’s right to a fair trial.
The legislation expressly protects that right, and the Government has explained that defendants can still raise issues such as the passage of time, loss of evidence or other circumstances affecting the fairness of a trial.
Do the changes apply to historic abuse?
Yes, the reforms are particularly relevant to non-recent child sexual abuse claims.
IICSA highlighted the difficulties faced by survivors whose claims were brought many years after the abuse. The Government has stated that the removal of the limitation period will apply to civil child sexual abuse claims brought by victims and survivors, subject to the statutory conditions.
This means the reform is potentially significant for people who previously believed that they were unable to bring a claim because too much time had passed.
What about claims that have already been settled?
The reforms do not simply reopen every historic case.
The Government’s response confirmed that changes to limitation law should apply to cases that have not already been settled or dismissed by a court.
IICSA similarly recommended that claims which had already been dismissed or settled should not generally be reopened, reflecting the importance of finality and legal certainty.
If you previously brought a claim or reached a settlement, it is important to obtain specific legal advice before assuming that the new law changes your position.
Why does this reform matter?
The reform recognises that the effects of child sexual abuse can be long-lasting and that survivors may need many years before they feel able to disclose what happened.
A conventional limitation period can be particularly difficult in cases where trauma has affected a person’s ability to speak about their experiences or seek help.
The Government’s consultation received strong support for implementing the IICSA recommendations, including removing the three-year limitation period and reversing the burden of proof concerning whether a fair trial is possible.
The reform therefore represents a significant change in how the civil justice system approaches claims arising from child sexual abuse.
Does the reform apply to all types of abuse?
No.
The reform specifically concerns qualifying child sexual abuse-related personal injury claims.
During the 2024 consultation, the Government considered whether the proposed changes should cover forms of abuse beyond sexual abuse. This was ultimately not extended to all forms of child abuse.
This distinction is important because the limitation rules that apply to other types of abuse or personal injury claims may be different.
If you have experienced another form of abuse, you should obtain advice on the specific limitation rules that apply to your circumstances.
Steven Astley on the Need for Reform
GLP Partner Steven Astley commented on the importance of reforming limitation laws for survivors of abuse:
“In my view, it’s long overdue for this area of the law to be reconsidered. The current limitations on pursuing civil claims for abuse create significant hurdles for victims seeking justice and closure. These restrictions not only perpetuate injustice but also hinder the healing process for survivors of abuse.
The impact of abuse can be lifelong, yet the legal system’s rigid time constraints fail to acknowledge the complexity of trauma and its effects on individuals. By maintaining outdated limitations, we are effectively silencing victims and denying them the opportunity to seek accountability for the harm they have endured.
Change cannot come soon enough in this regard. The importance of reforming limitation laws in abuse cases cannot be overstated. It’s not just a matter of legal technicalities; it’s about recognising the inherent dignity and rights of survivors to have their voices heard and their experiences validated.
The current system fails to adequately address the needs of survivors and perpetuates a cycle of impunity for perpetrators. Reforming limitation laws is not only a matter of justice but also a moral imperative. We owe it to survivors to create a legal framework that prioritises their well-being and ensures that they have access to the justice they deserve.
The longer we delay in addressing these issues, the more victims will continue to suffer in silence, and the greater the risk of further injustices being perpetrated. Change is urgently needed to ensure that the legal system serves the interests of justice and provides meaningful redress to survivors of abuse.”
How GLP Solicitors Can Help
Historic abuse claims can involve complex legal and evidential issues, particularly where many years have passed since the events occurred.
A solicitor can help you understand:
- Whether your circumstances may fall within the new rules.
- What evidence may be relevant to your claim.
- Who may potentially be responsible.
- How the civil claims process works.
- What compensation may potentially be available.
- Whether there are any other legal issues that need to be considered.
At GLP Solicitors, our legal professionals can provide advice based on the individual circumstances of your case and explain your options in clear, straightforward terms.
You do not need to have all the evidence or know exactly how to bring a claim before seeking legal advice.
Frequently Asked Questions
Potentially, yes. The three-year limitation period has been removed for qualifying civil personal injury claims brought by victims and survivors of child sexual abuse. This means the passage of many years does not, by itself, prevent a qualifying claim from being brought. However, other legal and evidential issues may still affect a case, so it is important to obtain specialist legal advice about your individual circumstances.
The previous three-year limitation period has been removed for qualifying civil personal injury claims relating to child sexual abuse. This reform was introduced by section 96 of the Crime and Policing Act 2026. However, the removal of the limitation period does not mean every claim will automatically proceed. The defendant can still seek dismissal where they can satisfy the court that a fair hearing cannot take place.
Potentially. The new rules specifically concern civil personal injury claims brought by victims and survivors in respect of child sexual abuse. The fact that the abuse happened during childhood does not, by itself, prevent a claim. The circumstances of each case need to be considered, including the nature of the abuse, the identity of the potentially responsible party and the available evidence.
You should seek specific legal advice. The new rules do not automatically reopen every claim that has already been dismissed or settled. The Government has stated that the reform applies to cases that have not already been settled or dismissed by a court. Your previous claim history will therefore need to be considered carefully.
Yes. Removing the limitation period does not remove the defendant’s right to a fair hearing. Under the new legislation, where the issue arises, the defendant must satisfy the court that a fair hearing cannot take place for the claim to be dismissed on that basis. The legislation was specifically designed to retain protection for defendants’ fair trial rights.
Evidence is important in any civil claim, but the type and availability of evidence will vary from case to case. Historic claims can involve evidence such as medical records, school or institutional records, correspondence, witness evidence and other documents. A lack of one particular type of evidence does not necessarily mean you cannot seek legal advice. A solicitor can help identify what evidence may be relevant to your circumstances.
The specific reform concerns qualifying child sexual abuse personal injury claims. The Government considered whether to extend the reforms to other forms of child abuse during its consultation but did not adopt that broader approach. Different rules may apply to other types of abuse, so anyone considering a claim should obtain advice based on the specific circumstances.