IICSA report publication

The Independent Inquiry into Child Sexual Abuse (IICSA) has today published its final report. This represents the culmination of 7 years of work and 19 investigations reports. A link to the full report can be found here The Report of the Independent Inquiry Into Child Sexual Abuse - October 2022 | IICSA Independent Inquiry into Child Sexual Abuse.

The Inquiry has today made 20 separate recommendations on how to better protect children in the future, as well as how the criminal and civil justice system should respond to victims of child sexual abuse. Amongst some of the notable recommendations made, which will all potentially impact on the protection of children and organisations’ responses to abuse, are:

• The removal of the three-year time limit under the Limitation Act 1980 for victims and survivors of abuse to pursue claims for compensation. The protection of the right to a fair trial would remain, with the burden falling on defendants to show that a fair trial is not possible. This would not have a retrospective effect on any claims which have already been dismissed by the court or settled by agreement.
• A single national redress scheme set up by the UK government paid for by central and local government, with non-state institutions asked to contribute. This national redress scheme would be open for five years and involve a two-tier payments system of (1) a fixed flat-rate recognition payment and (2) a second-tier payment upon the production of further details and evidence (if applicable).
• The introduction of mandatory reporting laws making it a criminal offence if ‘mandated reporters’ fail to make reports of sexual abuse.
• Amending the Children Act 1989 so that looked after children or someone acting for them can apply to the family courts for orders to stop a local authority taking or planning a particular action or allow the court to give directions in relation to the local authority’s exercise of parental responsibility for that child.

Over the coming weeks the Keoghs Abuse Law team will be providing further details and analysis of these significant and important recommendations and the extent to which they are likely to better protect children in the future, and the potential impact on organisations and the way they respond and deal with issues of abuse.