The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. While the Act introduces numerous measures on policing powers, retail crime, antisocial behaviour and public safety, one of its key changes relates to the abolition of any limitation period for child sexual abuse civil claims.
Civil claims for personal injury arising from child sexual abuse in England and Wales were previously governed by the Limitation Act 1980, which imposed a three‑year time limit starting from the claimant’s 18th birthday. Courts had a discretion to allow claims to proceed out of time and the burden was generally on the claimant to prove that a fair trial was still possible.
Under the Crime and Policing Act 2026, the Limitation Act 1980 will be amended to insert new sections which will:
The changes apply only to civil personal injury claims arising from child sexual abuse. They do apply to other forms of abuse, such as neglect or physical abuse. Further, the changes do not apply to any claims which have been settled or adjudicated upon by the court.
While the burden now shifts to defendants to show a fair hearing is not possible under the Act, even prior to its introduction, defendants had an evidential burden to show that a fair hearing was not possible. It therefore remains to be seen the extent to which this materially changes the approach taken by defendants. Further, it is likely judicial guidance will be required on the interpretation of what constitutes a ‘fair hearing’ and whether existing judicial guidance in civil abuse claims will still apply.
The service you deliver is integral to the success of your business. With the right technology, we can help you to heighten your customer experience, improve underwriting performance, and streamline processes.
