The Government last week published its responses to its 2024 consultations into the law of apologies for civil claims, and limitation for claims involving child sexual abuse.
Limitation reform in child sexual abuse claims
Reform to the law of limitation was one of 20 of the recommendations set out in the final report of the Independent Inquiry into Child Sexual Abuse (IICSA) in October 2022.
The Government has now provided, in its response:
- That the limitation period (namely the three years a claimant has in which to bring a personal injury claim as set out at section 11(4) Limitation Act 1980) be removed entirely in cases of child sexual abuse, meaning that victims and survivors will no longer be required to advance a case pursuant to section 33 of the Act that discretion should be exercised by the court to allow a claim to proceed.
- That reform to limitation will apply only to cases of child sexual abuse. The limitation period for claims for any other type of abuse, or any claims where claimants were sexually abused as adults, will remain unchanged.
- That the right to a fair trial for defendants will be protected and this will be reflected in any legislative change.
- That the burden of whether a fair trial is possible will be for the defendant to prove.
- That reform will not apply to cases where there has already been a determination or settlement, meaning it is not possible for those claims to be reopened following any change in the law.
The Government's stance will come as no surprise to all stakeholders who were anticipating significant reform on this issue. Once legislative change is implemented, the law in England and Wales will be brought in line with that in Scotland, where there is currently no limitation period for child sexual abuse claims, provided the abuse occurred on or after 26 September 1964. There will be no such cut-off period in England and Wales.
Apologies
The Government also consulted on the law of apologies in England and Wales by inviting opinion on various relevant issues, including whether this jurisdiction should mirror that of Scotland. Scotland's Apologies (Scotland) Act 2016 is somewhat more prescriptive than the equivalent in England and Wales.
Apologies in civil proceedings in England and Wales are currently governed by section 2 of the Compensation Act 2006, which provides:
"An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty."
IICSA called for greater clarity in terms of its applicability to institutions that may be vicariously liable for perpetrators' acts or omissions, as its research determined that some insurers felt it lacked precision in this respect.
The Government has suggested that a clearer definition of an apology under section 2 of the Act is needed in order to reduce uncertainty. As part of their response, they have indicated that any amendments to section 2 will expressly state that an apology would not be tantamount to an admission of vicarious liability.
What does this mean for my business?
Limitation will, once the legislative changes are effected, no longer be a viable defence to a child sexual abuse claim, no matter how long ago the abuse occurred, save where the defendant is able to persuade a court that a fair trial is impossible. This will vary depending upon the facts of the matter but central to this issue will be the cogency and availability of evidence.
The Government has proposed change to the law of apologies in order to better define an apology and how widely it can be offered in civil proceedings. In the event of any fact-specific query, DWF's specialist abuse team would be happy to assist.
Comment
The Government responses represent what are no doubt welcome steps forward to victims and survivors. The Criminal Justice Bill, which was to implement IICSA's recommendations around mandatory reporting before it fell as a consequence of the general election, is due to be taken forward by the current Labour government.
The Secretary of State also indicated in a recent Commons debate that before Easter the Government will "lay out a clear timetable for taking forward the 20 recommendations of the final IICSA report", contending that work was already underway on some of the recommendations.
Please see our earlier articles on IICSA's final report here and the Government's response to IICSA's report.
Should you require more information or any assistance, please contact Paul Donnelly, or Amanda Munro.
The team has extensive experience dealing with recent and non-recent sexual abuse and exploitation, group actions, compensation schemes, redress, and claims brought pursuant to the Human Rights Act 1998.
