In June 2026, a significant and long‑awaited change to the law in England and Wales came into force, fundamentally altering how civil claims for child sexual abuse are handled.
For many survivors, the impact of abuse is lifelong. Speaking about those experiences — let alone pursuing a civil claim — can take years, and often decades. The law has now moved closer to recognising that reality.
The previous position: a barrier for many survivors
Until recently, civil claims for personal injury, including those arising from abuse, were generally subject to a three‑year limitation period under the Limitation Act 1980. In cases of child sexual abuse, that period typically began when a claimant turned 18.
Although the courts had discretion under section 33 of the Act to allow claims to proceed outside that timeframe, the burden was on the claimant to show that a fair trial could still take place.
In practice, this created a significant hurdle. Survivors were required not only to revisit profoundly traumatic experiences but also to justify why they had not come forward sooner — often in circumstances where delay was a direct consequence of the abuse itself.
The 2026 reform: removing the limitation period
The Crime and Policing Act 2026, which came into force on 29 June 2026, has introduced a major reform to the Limitation Act 1980.
The key changes are:
- Removal of the three‑year limitation period for civil claims arising from child sexual abuse
- No fixed time limit within which survivors must bring a claim
- Claims can now be brought many years — even decades — after the abuse without being automatically barred
This represents one of the most significant shifts in this area of law in a generation.
A crucial shift in the burden of proof
Alongside removing the limitation period, the reforms introduce an equally important change in approach. Previously, survivors were required to demonstrate that a fair trial was still possible despite the passage of time. The law has now reversed that burden. It is now for the defendant to show that a fair trial cannot take place, or that they would suffer substantial prejudice if the claim proceeds. This change reflects a recognition that the previous framework placed an unfair evidential burden on survivors — particularly in cases involving historic abuse.
Why these changes were needed
These reforms follow the recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA), which concluded that limitation laws were preventing many survivors from accessing justice.
The Inquiry heard compelling evidence that:
- It can take survivors many years to process their experiences
- Disclosure is often delayed due to fear, shame, or psychological trauma
- Legal deadlines did not reflect the lived reality of survivors
By removing strict time limits, the law now better aligns with these realities.
What this means for survivors
These changes are expected to have a profound and positive impact on survivors considering civil claims.
Individuals are no longer constrained by an arbitrary legal deadline. They can now take first steps towards a claim at a time that feels safe and appropriate. The removal of the requirement to justify delay eases one of the most difficult aspects of bringing a claim, helping to minimise further distress. More claims will now be considered on their merits, rather than being excluded on limitation grounds.
The reform sends a clear message that delay does not undermine the credibility or importance of a survivor’s experience.
“For many of the people we act for, the effects of abuse mean it can take decades before they feel able to speak about what happened. These changes recognise that reality. By removing the time barrier and shifting the burden away from survivors, the law is taking an important step towards ensuring that individuals feel believed, supported and able to seek justice when they are ready.” — Helen Horne, Senior Associate, Enable Law
Safeguards remain
Importantly, the reforms maintain a balance within the justice system. Claims will not proceed where a defendant can demonstrate that a fair trial is no longer possible — for example, due to a complete absence of evidence. This ensures that while access to justice has been widened, fairness to all parties is preserved.
A significant step forward
This reform brings England and Wales more closely in line with other jurisdictions, such as Scotland, which removed limitation periods in childhood abuse claims some years ago. It also reflects a broader cultural shift towards recognising the long‑term impact of abuse and the importance of enabling survivors to seek redress.
How we can help
At Enable Law, we understand that taking the first step towards a civil claim can feel daunting — particularly where experiences are historic. These changes mean that it is never too late to explore your options. Whether the abuse occurred recently or many years ago, you may now be able to pursue a claim. Our specialist team approaches every case with sensitivity, care and understanding. We are here to listen, to advise, and to support you at every stage of the process. You can contact us on 0800 044 8488 or fill in the form and a member of our team will call you back at a time that suits you.
