Limitation Periods for Abuse Survivors in Civil and CICA Claims

For survivors of abuse, the path to justice and compensation is often long and emotionally complex. One of the most significant legal barriers they face is the statute of limitations. This is a time limit that can prevent historic claims from being heard in court. In England and Wales, this has long disadvantaged survivors, particularly those who take years or decades to process and disclose their trauma.

Recent legal reforms are beginning to reshape this landscape, especially for survivors of child sexual abuse. However, many survivors, particularly those of non-sexual abuse such as physical violence, neglect, and emotional harm, still face restrictive timeframes.

The rules vary depending on whether a claim for compensation is brought through the civil courts or via the Criminal Injuries Compensation Authority (CICA), making it essential to understand how these limitations apply in different scenarios.

The Effect of the Survivor’s Age

To understand how long the statute of limitations may be in a case, it is first important to understand the nature of the abuse.

The age of the person plays a crucial role in determining how long they have to bring a claim. Abuse can occur at any age, but the law treats children and adults differently due to their distinct legal protections. Children are covered under the Children Act 1989, while adults in care fall under the Care Act 2014. All individuals are protected by the Human Rights Act 1998, which crucially includes the right to be free from inhuman or degrading treatment.

As well as being covered by different legislation, the statute of limitations also applies differently to adults and children.

For children, the limitation period for bringing a civil claim only begins when they reach the age of 18. However, for adults, the clock starts from the date the abuse occurred, or when they became aware of their injuries.

The Effect of the Period of Abuse

Furthermore, there are differences when it comes to isolated incidents of abuse and continuing acts.

If the abuse occurred over a prolonged period, the time limit begins from the date the abuse ended. In contrast, if the abuse was a single, isolated incident, the limitation period typically starts from the date it happened. This distinction can be critical in deciding whether a claim is considered out of time.

Reform to Child Sexual Abuse Claims

In February 2025, the UK Government introduced the Crime and Policing Bill to Parliament. These changes will remove the three-year limitation period for civil claims relating to child sexual abuse, following recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA).

The reform will apply retrospectively to both new and existing claims, unless they have already been settled by agreement or court order. Importantly, the burden of proof will now shift to the defendant, who must show that a fair trial is no longer possible due to the delay.

While this is a major step forward, it does not extend to survivors of non-sexual childhood abuse, or benefit adult survivors of sexual abuse. These groups continue to face the same limitation issues, despite experiencing similar psychological barriers to disclosure. Moreover, if there is an exceedingly long delay between the abuse and bringing of a claim, defendants may successfully argue that their right to a fair trial under Article 6 of the Human Rights Act is infringed. As such, whilst bringing claims for historic abuse will be easier in theory, it remains to be seen how much of an impact the reforms will have.

The Effect of The Type of Claim

There are also differences across the types of claims being raised. Abuse survivors may pursue claims through either the civil courts or the CICA, each with its own rules on limitation periods.

Civil claims involve suing an individual or institution for their role in the abuse. These are subject to a three-year limitation period from the date of the incident in question, or from the claimant turning 18 for minors.

In contrast, CICA claims are compensation claims for survivors of violent crime and require that the incident be reported to the police. For adults, the CICA allows two years from the date the incident occurred to make a claim. For children, if the abuse was reported before they turned 18, the two-year period begins on their 18th birthday. If the report was made after they turned 18, the two-year period starts from the date of reporting.

Extensions for Civil and CICA Claims

In some circumstances, the courts may be prepared to extend the limitation period for a civil claim for abuse.

Under Section 33 of the Limitation Act 1980, civil courts have discretion to permit personal injury claims if it is equitable to do so. They will consider factors such as the length and reason for the delay, the availability and reliability of evidence, and whether the defendant would be unfairly prejudiced.

For CICA Claims, there is also scope for an extension to the claim period. The CICA will consider out of time claims where there are ‘exceptional circumstances’ which prevented the claim from being brought earlier. These are assessed on a case-by-case basis and must be supported by compelling evidence. These might include severe psychological trauma, mental or physical incapacity, or advice from police or legal professionals to delay the claim. The CICA must also be satisfied that the claim can be determined fairly without extensive further investigation.

The statute of limitations for abuse claims is shaped by a range of factors, including the age of the person, the nature of the abuse, and the type of claim being pursued. While ongoing reforms offer hope for survivors of child sexual abuse, many others remain constrained by outdated legal timeframes. 

At Farleys, we understand the complexities of these cases and have successfully pursued many historic abuse claims. If you or someone you know is considering a claim, contact us today to speak with a member of our experienced team. Call our dedicated abuse claims line on 0330 134 6430, get in touch by email, or use our online chat below.