On 5 February 2025 the Ministry of Justice announced reforms to support victims of child sexual abuse.
The MOJ Press Release states:
“Measures deliver recommendations of Independent Inquiry into Child Sexual Abuse
The Government is delivering on recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) to make it easier for victims to gain an apology and to pursue claims in the civil court.
The three-year time limit for victims to bring personal injury claims will be removed. So will the burden of proof that currently rests on victims’ shoulders, who must prove it is possible to hold a fair trial for one to go ahead. Now, that burden is lifted off victims and placed on defendants, who must show a fair trial cannot proceed if they intend to block one. This will enable cases to be heard more easily, and protect victims from reliving their trauma.
The Law of the Apologies will also be amended to encourage employers to apologise to people wronged by their employees, where currently they fear doing so because of institutional liability, meaning that victims are likelier to receive apologies from schools, care facilities or hospitals for abuse carried out by an individual at these institutions…”
Lord Chancellor Shabana Mahmood said:
“Child sexual abuse causes lifelong trauma and these important changes, recommended by Professor Jay, are long overdue.
These measures help survivors pursue their path to justice. They build on the Government’s mission of halving violence against women and girls and support our Plan for Change.
Currently civil child sexual abuse claims must be brought within three years of turning 18, unless the victim can prove a fair trial can proceed despite the time lapse. But as the IICSA heard, a “significant number” of claims are being rejected because it can take “decades for survivors to feel able to discuss their sexual abuse”.
As a direct result of today’s reforms, all cases brought will proceed unless the defendant proves that a fair hearing cannot take place, for example due to lack of evidence.
IICSA also heard that in many child sexual abuse cases, an apology by an institution was desired but never delivered, blocking victims’ path to closure.
Often organisations are reluctant to apologise because of concerns it may be interpreted by individuals such as insurers, as an admission of fault. The Government will clarify, as per the IICSA recommendation, that apologies could and should be offered by employers for the actions of current or former employees”.
For the full Press Release see here.
Original reporting by Family Law Week