Abuse lawyer Elizabeth Duncan looks at the changing deadline for childhood sexual abuse claims.
Recent changes to the law on limitation in cases involving childhood sexual abuse are due to come into force later in 2026.
“Limitation” refers to the deadline for bringing a legal action. The usual limitation period for injury claims (including claims arising from sexual abuse) is three years from the date of the event or, if the events happened when the person was a child, 3 years from the date of them becoming an adult – meaning that claims have to be made before the person’s 21st birthday.
This has long caused difficulties for those who endured sexual abuse in childhood. Not only can the effects of the abuse be devastating in themselves, but it can take years, often decades, for the survivor to be able to disclose what they have been through and then seek support.
The Crime & Policing Act 2026 which has received Royal Assent and just awaits commencement regulations to come into effect, permanently abolishes this limitation date for civil claims arising from child sexual abuse.
At first glance, this appears to be a significant and very helpful development, but it is not as straightforward as hoped.
Under the current law, survivors who bring a claim outside the usual limitation period can rely on section 33 of the Limitation Act 1980. This gives the court a discretion to allow a claim to proceed, taking into account a range of factors, including the reasons for delay and the impact on both parties. In practice, the courts are already well used to handling these cases sensitively, and many survivors have been able to pursue claims despite long delays.
The new provisions abolish limitation for claims arising from childhood sexual abuse. However, this does not mean that all claims will automatically proceed. A key feature of the new regime is that defendants will have to prove that a fair hearing is no longer possible, rather than survivors having to justify the delay.
This represents an important shift. Under the current law, judges carry out a balancing exercise, weighing the reasons for delay against any prejudice to the defendant. In the future, that balancing exercise will be removed. The focus will instead be on whether a fair trial can take place. If it can’t, the claim will not proceed, regardless of the reasons why the survivor did not come forward earlier. There is therefore concern that “fairness” may be raised more frequently, including in circumstances not directly caused by any delay, such as missing records or a lack of historical investigation.
While these changes are intended to improve access to justice, their practical impact remains uncertain, and it will be just as important as ever for survivors of abuse to seek specialist legal advice from firms like ours to maximise their chances of success.
We offer a free, confidential case assessment and have a nationally recognised, award-winning team with extensive experience in this complex and sensitive area of law.
Contact us today for further information about the changing deadline for childhood sexual abuse claims and details of our no win, no fee funding scheme.