PI Brief Update

Child Sexual Abuse Litigation Reforms - Philip Matthews, Temple Garden Chambers

18/03/25. The UK Government has announced its intention to implement a number of key recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). There is no draft legislation as of yet, however the Government’s Responses to Consultation sets out the direction of travel.

Most significantly, the first Consultation Response proposes to remove the usual three-year limitation period for filing personal injury claims in the context of civil actions arising from child sexual abuse. This change was motivated by the evidence heard by the IICSA that a significant number of claims are being rejected on limitation grounds because it can take “decades for survivors to feel able to discuss their sexual abuse”. There will be a safeguard proviso in cases where a fair trial would be impossible – however, the burden of proof to establish this will rest with Defendants, essentially reversing the burden of proof imbedded in the current CPR 33 regime.

The changes will not be retroactive, and so will not enable Claimant’s to re-open already decided cases (but may apply to cases that are pending).

The second Consultation Response proposes to amend the ‘law of apologies’ (i.e., the Compensation Act 2006, section 2) to encourage employers and institutions to issues apologies for wrongdoing by their agents, without fear of liability. IICSA heard that in many child sexual abuse cases, an apology by an institution was desired but never delivered, blocking victims’ path to closure.

These changes to the civil justice sphere are taking place alongside wider legal reforms, including: stronger criminal sentences for ‘grooming’ offences; a mandatory reporting law, requiring professional to report suspicious of child sexual abuse; and the creation of a new offence to penalise organisation that cover up child sexual abuse.

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