How Long Do You Have to Report or Claim for Sexual Abuse?

The historic sexual abuse of children in care homes across the UK has been a national scandal.

Thanks to the bravery of survivors, and the hard work of campaigners, the public have learnt how from the 1950s to the 1990s, children were abused in UK care homes at shocking scale. They were subject to vile sexual and physical abuse. In many instances, victims also faced racism, and extreme psychological abuse.

Local authorities systemically failed to protect children from abusers, who roamed free around homes.

Campaigners estimate that in Lambeth alone, for example, up to 120 paedophiles were employed in children’s homes across the borough.

In March 2020, the Office for National Statistics estimated that 3.1 million adults in England and Wales had experienced sexual abuse before the age of 16.

Our work

Imran Khan and Partners act for people who suffered abuse in care homes and foster families across the country.

We bring claims on behalf of survivors, against local authorities, religious organisations or other public bodies, to secure compensation and justice.

See our earlier articles on the causes of action for sexual abuse claims, and the compensation that survivors may be entitled to receive.

Bringing claims in time

If a survivor wishes to bring a claim in negligence, for the injuries and loss they suffered as a result of the abuse, they must do so within three years of the abuse, or within three years after they turn 18. This time frame is known as the “limitation period”.

Technically, if claims are brought after the three-year period, they are allowed to proceed, but the Defendant (such as the local authority) can use the fact they fall outside the limitation period as a defence to the claim.

Naturally, this poses a problem to survivors of child sexual abuse. Most survivors are deeply traumatised by the abuse, and are not able to come forward to share their experiences until many years later. Survivors are also often unaware that they can bring claims and receive compensation for the abuse they suffered.

Under section 33 of the Limitation Act 1980, however, the Court which hears a claim brought out of time has discretion to extend the limitation period.

When deciding whether to use its discretion, the Court will question the length of the delay, the reasons for it, and “the extent to which, having regard to the delay, the evidence adduced or likely to be adduced [by the Claimant or the Defendant] is or is likely to be less cogent.” (DSN v Blackpool Football Club Limited [2020] EWHC 595 (QB))

In many cases, a Court will find that there are good reasons why a victim of child sexual abuse did not bring their claim within the limitation period. Such debilitating abuse at an early age will naturally prevent survivors from coming forward to bring a claim.

The Court will need to find that the “cogency” of evidence, i.e. how clear and convincing it is, will not be so impacted as to prevent the Defendant from being able to respond to it.

Often, evidence in abuse cases consists of witness statements from the survivor (and from the perpetrator if they are still alive) and any social care records. The quality of the evidence will be specific to an individual’s case. If the survivor is still alive, and can give evidence, and there are records showing they and the perpetrator were both at the home they allege the abuse took place in, this may be deemed cogent evidence that the Defendant can respond to.

The Court will consider all the circumstances in the case when considering whether or not to use its discretion. Where there are good reasons for the delay, and the evidence in the case is clear and convincing in the Court’s eyes, the limitation period will usually be extended.

While survivors of sexual abuse can and do often overcome this hurdle, expert legal advice is needed to successfully convince the Court to extend the limitation period.

How we can help

If you or someone you know has been affected by sexual abuse, please contact us for confidential advice. We are here to help you take the next steps and will hold your hand throughout the process. To get in contact, call us on 020 7404 3004, or email us at info@ikpsolicitors.com. 

​We are available 24 hours a day, 365 days a year. We can assist wherever you are based and have offices in central London.

We have represented victims in a number of high-profile child sexual abuse cases, which you can read more about here.