Child sexual abuse claims: time limits abolished

The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Section 96 of the Act amends the Limitation Act 1980 by removing the three-year limitation period starting from the claimant’s 18th birthday to pursue a civil claim for personal injury arising from child sexual abuse. 

This change comes into force from 29 June 2026 and will apply retrospectively. However, it will not apply to claims that have already been settled or decided by the court. 

The amendment follows recommendations made by the Independent Inquiry into Child Sexual Abuse (IICSA) which found that limitation laws failed to reflect the realities faced by survivors of abuse.

Whilst the limitation period has been removed, if a fair trial is not possible the claim will be dismissed. The burden has now shifted and is on the defendant to satisfy the court that it is not possible for a fair trial to take place. Practically what difference this makes remains to be seen, as prior to this change it was for the defendant to demonstrate to the court that allowing a claim of this nature to proceed out of time would prejudice the defendant and that would inevitably include reference to the existence of documents and witnesses. 

Key takeway

A key takeaway is a defendant should commence detailed enquiries as to the existence of records and witnesses as soon as a claim is notified. If records have been lost or destroyed, enquiries should be made to ascertain when and why, with reference to data retention periods if applicable. Searches should be made for electronic and paper records that may have been placed in storage. Reasonable efforts should be made to trace and speak with witnesses.