The question of how long survivors of abuse have to bring a civil claim has been one of the most debated areas of UK personal injury law over the past decade. The Independent Inquiry into Child Sexual Abuse (IICSA) recommended significant reform, and pressure on the position in England and Wales has continued.
England and Wales
The Crime and Policing Act 2026 removes the limitation period for qualifying personal injury claims arising from childhood sexual abuse in England and Wales. The defendant can still seek dismissal if a fair hearing is not possible. Other abuse claims, CICA applications and other UK jurisdictions have different rules. Section 96 came into force on 29 June 2026, at the end of the two-month period in section 255(3). Advice is still needed about the scope, transitional rules and any previously resolved claim.
The first reported decision on the new provisions, KHX v Isle of Wight Council [2026] EWHC 1949 (KB), was handed down by the High Court on 30 July 2026. It held that the new sections apply only to the sexual abuse elements of a claim. Where a claimant alleges both sexual and physical abuse, the physical abuse allegations are not brought within the new regime just because they are in the same proceedings, and they remain subject to the court's discretion under section 33 of the Limitation Act 1980. This is a single first-instance decision, and how it is applied may develop.
Scotland
Scotland moved earlier through the Limitation (Childhood Abuse) (Scotland) Act 2017, which removed the three-year limitation period for civil claims arising from childhood abuse occurring on or after 26 September 1964. This has had a meaningful impact on the willingness and ability of survivors to bring historic claims in the Scottish courts.
Northern Ireland
Northern Ireland has faced its own debate around limitation periods for abuse claims, and operates the separate Historical Institutional Abuse (HIA) Redress Scheme established following the HIA Inquiry. Reform discussions are ongoing.
Even where statutory reform has not been enacted, courts retain a discretion to allow historic abuse claims to proceed beyond the standard limitation period. Each case turns on its own facts, and survivors should not assume their claim is too old without taking advice.