The Independent Inquiry into Child Sexual Abuse (IICSA) recently published its Accountability and Reparations Investigation Report, which examines how the systems of civil justice, criminal compensation and support services provide effective accountability and reparation to victims and survivors of child sexual abuse.
Time limitations for child sexual abuse claims
One issue which the Inquiry has considered is the law relating to time limitations for child abuse claims. The Limitation Act 1980 provides that, in most cases, a Claimant must issue Court proceedings on a personal injury claim within three years of the date of the incident or if the Claimant was a child at the time of the abuse, three years from the date the Claimant reaches the age of eighteen.
However, survivors of childhood abuse are very often unable to speak about the abuse for many years, sometimes even decades, preferring to bury the traumatic memories. This means that they are at a considerable disadvantage when they try to bring a claim many years later.
The Limitation Act provides the Court with a discretion to waive the three years’ time limit but this involves Court proceedings and both parties making legal and factual arguments on the issue. This creates an uncertainty, which may cause a Claimant, not to pursue a claim at all or to settle for a reduced figure in compensation to take into account the litigation risk of proceeding.
The Limitation (Childhood Abuse) (Scotland) Act 2017 abolished the three year time limit for childhood abuse survivors in Scotland but the uncertainty surrounding limitation for survivors of abuse seeking redress through the Courts in England and Wales continues.
This week experts acting for Claimants and Defendants in this area of law gave evidence to IICSA and agreed that the time limitation laws around child abuse claims must be changed. The Inquiry is on-going.
How can Nelsons help?
Dianne Collins is an Associate in our highly regarded Personal Injury team.
If you suffered abuse, even if it was a long time ago, in residential care or foster care you may be able to make a claim against the Local Authority.
If you would like confidential, free advice on whether you can claim compensation, please contact Dianne or Helen Froggatt on 0800 024 1976 or via our online form.