Under current English and Welsh legislation, a child sexual abuse (CSA) claim – which could be compensated through public liability insurance where applicable – must be brought within three years of a CSA victim or survivor turning 18, or within three years of them first becoming aware they have suffered an injury.
In the view of the Association of British Insurers (ABI), this time bar is serving as a deterrent. In a letter sent to the Independent Inquiry into Child Sexual Abuse (IICSA), ABI director general Huw Evans expressed the trade body’s call for change.
“We have listened to the compelling accounts of victims and survivors about the significant deterrent effect of the current law on limitation,” wrote Evans in the document seen by Insurance Business. “No victim or survivor of abuse should be discouraged from seeking the compensation they may be entitled to.
“We now believe that there is a need for change and will support a review of the current law on limitation for CSA claims.”
Previously the ABI considered that no change was necessary as the law allows courts to overrule the time bar. However, having heard from the victims and survivors during IICSA public hearings, the association now recognises that the requirements of the existing framework operate in a way that presents what looks to be an obstacle to being compensated.
Addressing inquiry chair Professor Alexis Jay OBE, Evans stated: “We would therefore welcome the opportunity to engage with IICSA, lawmakers, and other concerned stakeholders, including victims and survivors and their representatives, to develop a more suitable framework for the law on limitation in CSA claims.”
The ABI noted that a victim or survivor while in the care of a company, public body, or other organisation may be able to make a CSA claim for compensation from the alleged abuser’s employer who in some cases may have had public liability insurance.
