Legislation enacted to extend claims for child abuse

The Ministry of Justice (MoJ) has announced that the time limit for child sexual abuse victims to file damages claims in England and Wales will be abolished, marking a significant reform long overdue. The MoJ has outlined that laws will be revised to promote employers to issue apologies for the actions of current or former employees, thereby increasing the likelihood of victims receiving apologies from institutions such as schools, care facilities, or hospitals.

These reforms are in response to recommendations from the 2022 Independent Inquiry into Child Sexual Abuse (IICSA) led by Prof Alexis Jay. The government plans to incorporate these changes into upcoming bills to be presented to Parliament in the coming year.

Justice Secretary Shabana Mahmood emphasized the necessity of implementing the reforms put forth by Prof Jay, describing them as long overdue and crucial in assisting survivors in seeking justice. Among the key recommendations was the removal of the deadline for victims to file compensation claims.

Currently, civil claims for child sexual abuse must be filed within three years of the victim turning 18, unless it can be demonstrated that a fair trial can proceed despite the time elapsed. However, the IICSA has highlighted that many claims are being rejected due to survivors taking decades to come forward about their abuse.

Kim Harrison, president of the Association of Personal Injury Lawyers, criticized the existing three-year deadline as wholly inappropriate. Under the new legislation, the burden will now shift to defendants to prove that the passage of time has compromised a fair trial, rather than placing this responsibility on the victim or survivor.

In a separate development, the government has confirmed its intention to introduce a mandatory reporting duty for individuals working with children to report sexual abuse under the Crime and Policing Bill. Criminal sanctions will also be introduced for both concealing and failing to report child sexual abuse.

Home Secretary Yvette Cooper has pledged to designate grooming as an aggravating factor in the sentencing of abuse cases and to overhaul the process of gathering information and evidence on child sexual abuse. This commitment comes after a public exchange between Prime Minister Sir Keir Starmer and tech billionaire Elon Musk regarding child grooming, prompting a nationwide review of grooming gang evidence and government-backed local inquiries.

Prof Alexis Jay, who previously led investigations into child sexual abuse cases, authored a report in 2014 on abuse in Rotherham, estimating that 1,400 girls had been victimized in the town. Cooper has initiated inquiries into grooming gangs and urged the government to take swift action, promising legislation to address cover-ups of child abuse.

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