Simpson Millar Welcomes Long-Overdue Reforms to Time Limits for Abuse Survivors

Shifting the Burden of Proof: A Fairer System for Survivors

Under the new measures, the burden will shift to defendants to prove that a fair trial is no longer possible due to the passage of time, rather than survivors having to justify why they did not come forward sooner. The move follows recommendations made in the IICSA, led by Professor Alexis Jay.

Nathalie Swanwick, a Senior Associate Solicitor in the abuse law team at the firm, said: “This change should have happened years ago, but progress is finally being made, and that is to be welcomed. For too long, survivors have been denied access to justice simply because of an arbitrary time limit that takes no account of the trauma they have endured and the time it takes to come forward.

“As a team we speak to hundreds of abuse survivors every year, but the nonsensical and unethical three-year time cap prevents around 70% of potential claimants who reach out to us from pursuing legal action annually.

“The changes will shift the burden of proof from victims to defendants, requiring them to demonstrate that a fair trial is not possible.

“Whilst not every survivor will be able to pursue a claim, for a myriad of reasons, this reform means many more will now have the opportunity to do so, providing them with access to funds that can help them to access rehabilitation, therapy and support that can help them to rebuild their lives. It is a vital step forward.”

Further Reforms Still Needed

As part of the announcement, the MoJ has also pledged to refine laws to encourage institutions such as schools, care homes, and hospitals to issue apologies to victims, something Simpson Millar says is also a crucial part of the justice process.

“These are important changes, but we must not stop here,” added Nathalie. “There is still more work to be done to ensure survivors are supported, protected, and given every possible avenue to seek justice. We urge the government to continue implementing the IICSA recommendations without further delay.”