Abuse | Civil Justice | Survivors’ Rights

Changes to time limits for child sexual abuse claims: what survivors need to know

Published: 29 June 2026 | JSH Law

This is a major reform. It does not make every claim straightforward. It does not remove the need for evidence. It does not guarantee compensation. But it does remove one of the most unfair procedural barriers survivors have faced: being told that they were legally “too late” because they were not able to disclose abuse by the age of 21.

What was the old rule?

Historically, child sexual abuse claims were usually treated as personal injury claims under the Limitation Act 1980. That meant a survivor generally had three years from their 18th birthday to bring a civil claim.

In practice, many survivors were expected to start proceedings by their 21st birthday.

If a claim was brought after that date, the defendant could raise limitation as a defence. The survivor then often had to ask the court to exercise its discretion to allow the claim to continue. That process required the survivor to explain the delay and persuade the court that a fair trial was still possible.

For survivors of childhood sexual abuse, that was a deeply problematic starting point. It placed the emotional and forensic burden on the person who had already suffered the abuse.

Why was the old system unfair?

Child sexual abuse is not usually disclosed in a neat, immediate or legally convenient way. Survivors may be silenced by fear, shame, grooming, family pressure, institutional loyalty, dependency, dissociation, threats or a simple inability to process what happened to them.

Some survivors disclose in childhood. Many do not. Some do not fully understand the abuse until adulthood. Others may disclose only after therapy, a life event, another victim coming forward, the death of an abuser, or the collapse of a family or institutional silence.

The previous law did not adequately reflect that reality. It treated delay as a legal problem for survivors to justify, rather than as something often caused by the abuse itself.

What has changed from 29 June 2026?

Section 96 of the Crime and Policing Act 2026 inserts new sections 11ZA and 11ZB into the Limitation Act 1980.

In plain English, survivors will be much less likely to be prevented from bringing a civil claim simply because many years have passed since the abuse.

Which claims are covered?

The new section 11ZA applies where the claim meets three core conditions:

• the claim is for damages and includes damages for personal injury;
• the claimant was under 18 when the cause of action accrued; and
• the act or omission causing the injury constituted sexual abuse.

This may include claims against individuals and institutions, depending on the facts. Potential defendants may include schools, religious organisations, local authorities, care settings, clubs, youth organisations or other bodies where there is a proper legal basis for liability.

The reform is focused on child sexual abuse. Different time limits may still apply to other forms of abuse, harassment, negligence, assault, adult sexual abuse, domestic abuse or claims brought under other statutory routes.

Does the change apply to non-recent abuse?

Yes. One of the most important parts of the reform is that section 11ZA applies to claims brought before or after the section comes into force, and to causes of action that accrued before or after it comes into force.

That means many survivors who were previously considered “out of time” may now be able to explore a civil claim.

However, there are limits. The new law does not apply where, before the section came into force, the claim was already settled by agreement or determined by a court.

The burden now shifts to defendants

The reform also changes how arguments about delay are approached.

Under the new section 11ZB, where a claim is brought after the old limitation period would have expired, the court must dismiss the action only if the defendant satisfies the court that it is not possible for a fair hearing to take place.

That is a significant shift. The survivor is no longer starting from the position of having to justify why they did not bring the claim sooner. Instead, if the defendant says too much time has passed, the defendant must satisfy the court that a fair hearing is not possible.

This protects both sides of the justice process. Survivors are not blocked by an arbitrary deadline, but defendants retain the right to argue that a fair trial cannot take place because of the passage of time, loss of evidence or other forensic prejudice.

What this means in practical terms

What evidence might matter?

Historic abuse claims are highly fact-specific. Evidence may include:

• your own witness evidence;
• medical or therapeutic records;
• school, care, social services or local authority records;
• police reports or criminal proceedings;
• letters, diaries, photographs, messages or contemporaneous documents;
• evidence from other survivors or witnesses;
• institutional records, safeguarding files or complaint histories;
• expert medical evidence about psychiatric injury and causation.

A claim does not necessarily fail because there is no criminal conviction. Civil claims apply a different standard of proof. However, evidence still matters, and specialist legal advice is essential.

Civil claims are not the same as criminal proceedings

It is important to distinguish between the civil and criminal systems.

A civil claim is usually about compensation, accountability and legal responsibility. It is brought by the survivor as claimant against the defendant. The standard of proof is the balance of probabilities.

Criminal proceedings are brought by the state and may result in conviction and sentence. The standard of proof is higher.

A survivor may have civil options even where there has been no prosecution. Equally, a civil claim should be considered carefully where criminal proceedings are ongoing or possible.

Why this reform matters

This reform is not just a technical amendment to limitation law. It is a recognition that the justice system has too often misunderstood trauma.

For years, survivors were expected to meet legal deadlines that bore little relationship to the psychological reality of childhood sexual abuse. The law asked: “Why did you wait?” A more informed system asks: “What happened to you, what stopped you speaking, and what justice is still possible now?”

That shift matters.

It matters because child sexual abuse is frequently hidden by power, grooming, fear and institutional failure. It matters because children rarely have the language, safety or autonomy to disclose abuse at the time. It matters because a justice system that penalises delayed disclosure risks reinforcing the very silence abuse depends upon.

What should survivors do now?

If you are a survivor and you are considering whether to explore a claim, you do not need to have everything perfectly organised before seeking advice.

A sensible first step is to write down, in your own time and only if safe to do so:

• what you remember happened;
• where and when it happened, even approximately;
• who the abuser was;
• whether any institution may have been involved;
• whether anyone was told at the time or later;
• whether there are records, witnesses or other people affected;
• what impact the abuse has had on your life, health, relationships, education, work or wellbeing.

Do not destroy documents. Do not contact a potential defendant before taking advice. Do not feel pressured into making decisions before you are ready.

Where JSH Law fits in

JSH Law is particularly interested in the intersection between family justice, safeguarding, evidence, institutional accountability and access to justice.

Survivors and families often need help understanding what has happened, organising evidence, identifying the correct legal route, and knowing when specialist representation is required. In child sexual abuse civil claims, survivors should seek advice from a solicitor with specific expertise in abuse litigation and personal injury claims.

Where appropriate, JSH Law can help with evidence organisation, chronology preparation, safeguarding context, document review and signposting so that survivors are better prepared when seeking specialist legal advice.

This article is for general information only and does not constitute legal advice. Survivors considering a civil claim should seek advice from a solicitor specialising in child sexual abuse claims and personal injury litigation.