Serious Personal Injury solicitor and abuse claim specialist Seetal Patel outlines why this change matters and what it could mean for survivors looking to come forward.
Why this change was needed
Previously, survivors were expected to bring a compensation claim within three years of turning 18.
While courts could allow claims outside that time, this was often difficult, adding further stress and uncertainty for the survivor.
The change has been introduced by the Crime and Policing Act 2026, which received Royal Assent on 29 April 2026. Alongside a significant development in how these cases are treated, there will also be a shift in how the courts assess historic claims.
This change follows years of campaigning, as well as the findings of the Independent Inquiry into Child Sexual Abuse (IICSA).
The inquiry recognised that many survivors are simply not in a position to come forward until much later in life.
For some, it can take years to process what has happened. For others, it may take decades before they feel able to speak about it.
The law has now caught up with that reality.
What this means for your claim
The removal of the time limit means you are no longer under pressure to act within a strict legal timeframe.
You can come forward when you feel ready and on your terms.
Even if the abuse happened many years ago, you may still be able to bring a claim. Every case will depend on its specific facts, but the starting point has fundamentally changed.
A shift in responsibility
There has also been an important change in how historic claims are assessed.
Previously, if a claim was brought many years later, the survivor had to show that a fair trial was still possible. This could be particularly challenging where:
- the abuser had died
- documents or records were missing
- evidence had been lost over time
That is no longer the case. The burden has now shifted, and it is for the Defendant to argue that a fair trial cannot take place because too much time has passed.
This removes a significant barrier that survivors previously faced when trying to pursue a claim.
Can you claim against organisations?
In many cases, claims are brought against organisations, not just individuals.
This may include places where there was a position of trust, such as:
- Schools and boarding schools
- Churches and religious organisations
- Care homes and local authorities
- Charities and youth organisations
If an organisation failed to protect a child, or failed to act on concerns, it may be held legally responsible.
A significant and overdue step forward
Overall, I consider this to be an extremely positive and necessary change.
The previous time limit did not always reflect how these cases arise in practice, and it is very frustrating that it has taken this long for the change to be introduced. The delay in this change is, in many respects, unacceptable.
Those individuals affected are often vulnerable and have already had to find the strength and courage to come forward. They did not deserve to be faced with such a significant additional hurdle at the outset.
I really hope that this will make it easier for people to consider their options without feeling that they are already at a disadvantage from the outset.
If you have previously been told it was too late to bring a claim or if you have always believed you missed your opportunity, it may now be worth revisiting your options.
If you would like to talk through your situation, you can do so in complete confidence. There is no pressure to proceed unless you feel ready. Our specialist abuse claims team is here to listen and support you.
Contact us on 03456 465465 or email enquiries@rotherabray.co.uk
