Government to amend time limits and burden of proof when bringing PI claims for child sexual abuse, change law of apologies

The three-year time limit for victims of child sexual abuse on turning 18 to bring personal injury claims is to be removed, the Ministry of Justice has confirmed.

The burden of proof that requires victims to prove it is possible to hold a fair trial for one to go ahead will also be removed.

“Now, that burden is lifted off victims and placed on defendants, who must show a fair trial cannot proceed if they intend to block one. This will enable cases to be heard more easily, and protect victims from reliving their trauma,” the MoJ said.

Other measures arising from recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) that will be implemented include amendments to the law of apologies.

This is in a bid to encourage employers to apologise to people wronged by their employees, where currently they fear doing so because it might be interpreted by insurers and others as an admission of fault.

This will mean that victims are likelier to receive apologies from schools, care facilities or hospitals for abuse carried out by an individual at these institutions, according to the MoJ.

The apologies legislation would not apply to all types of civil litigation or regulatory disputes, including public inquiries or defamation cases, however. It will also not be retrospective.

Lord Chancellor Shabana Mahmood said: “Child sexual abuse causes lifelong trauma and these important changes, recommended by Professor Jay, are long overdue.

“These measures help survivors pursue their path to justice. They build on the Government’s mission of halving violence against women and girls and support our Plan for Change.”

Gabrielle Shaw, Chief Executive of the National Association for People Abused in Childhood (NAPAC), said: “This is a watershed moment for survivors of child sexual abuse. These reforms recognise the long-term impact of trauma and ensure survivors are not excluded from seeking redress simply because of the time taken to come forward.

“NAPAC also welcomes greater clarity on apologies. A sincere apology, when freely given and supported by meaningful action, is invaluable - especially as part of wider efforts to ensure accountability and prevent future harm.

“These important changes reflect the growing understanding of what survivors need to access justice and healing, and we welcome the government’s commitment to making them a reality.”

The changes for these reforms require primary legislation and will be implemented in due course, the Ministry of Justice said.