The Limitation Act 1980 imposed a 3-year time limit to bring a civil claim. This three-year countdown started from the date of the incident/knowledge of the incident or if this happened as a child, 3 years from the individuals 18th birthday, therefore at 21 years old, you became out of time.

For many years, there has been much criticism of this time limit in sexual abuse claims. Survivors struggle with disclose and it can take sometimes decades to disclose painful events due to the trauma even those closest to us.  Research shows on average it takes an individual 26 years between the abuse and seeking advice.

There are many reasons why individuals delay in bringing civil claims involving sexual abuse. This has always been highly recognised. There are feelings of shame, guilt and worries of at times repercussions or not being believed.

The abuser may be a family member, a person in a position of trust in the community such as a doctor or vicar, there are numerous scenarios which may prevent a survivor from commencing a civil claim.

Further, entering into litigation on the cusp of your 21st birthday could no doubt feel daunting especially if you do not have a support network, such as an individual who has suffered sexual abuse in care or a foster setting. Often only after reading their social services records, does a care survivor seek to bring a claim.

Many child sexual abuse survivors, do not feel ready to bring a claim until their own children are grown up, or until they reach a point in their life when they will fee “ready”. In reality, the right time to commence legal action may never come.

Until now, the burden was on the survivor to show that despite being out of time, a fair trial would be possible. This means, that it is “fair” in the legal sense to both the survivor and the Defendant (whether this be an individual or an organisation, such as a local authority or religious organisation) to have the claim heard by a court out of time. The Survivor would need to show that the Defendant would not be prejudice in any way, such as documents having been lost or key witnesses no longer available. This was therefore a difficult hurdle at times for clients.

Change

The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Under the act, the Limitation Act 1980 will be amended to remove the three-year time limit for child sexual abuse.

The reform which is due to come into force shortly will shift the burden to the Defendant who will now need to demonstrate that a fair trial is impossible.

The change will make the law on time limits in England and Wales closer in line with that of Scotland, where there is no limitation barrier for child sexual abuse claims after 1964.

It is hoped that this will provide survivors with more confidence to come forward to commence civil claims without the discouragement that this will be rejected due to the time lag.

The reform does remove the limitation hurdle, however survivors should be encouraged to commence claims as soon as possible to ensure key documentation or witnesses remain available as if the Defendant can show that a fair trial is impossible, the claim will not be allowed to proceed.

Further recommendations included encouragement of institutions to offer apologies to sexual abuse survivors.

Achieving Justice

Our highly experienced solicitors know that justice looks different for every survivor, and sometimes different avenues are more appropriate to be explored than others depending on the circumstances of the case and a survivor’s experience.

Crucially, even where criminal proceedings are unsuccessful or not pursued, survivors may still have options to pursue accountability and justice through civil abuse claims.

At Switalskis, we know that survivors deserve better and that they deserve to be listened to, treated with dignity and supported throughout every stage of the legal process. We understand how difficult it can be to take the first step.

We can provide expert legal advice in relation to making a civil compensation claim for abuse. Our role is not only to provide legal advice, but also to ensure survivors feel supported, informed and empowered throughout their claim. No survivor should suffer in silence or feel as though that they will not be taken seriously or deserve justice. What matters the most in these cases is that survivors are treated fairly, compassionately and with dignity throughout the process.

Can Switalskis Help Me?

If you or someone you know has been affected by abuse, support is available. If you are considering seeking justice in the civil courts, our specialist abuse claims solicitors are here to help. We offer confidential, no-obligation advice to survivors of sexual abuse. Speaking to a solicitor in our team does not mean you have to take legal action, but understanding your options can be an important first step in knowing what your rights are.

To speak with our team in confidence, contact Danielle Vincent or Hannah Hodgson , or fill out the enquiry form below.