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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Historic Abuse Claims

England & WalesLast reviewed 18 September 2026

A claim for abuse suffered long ago is not automatically barred by the passage of time. A child's limitation period does not begin until they turn 18, and a court has a wide discretion under section 33 of the Limitation Act 1980 to allow a claim out of time if a fair trial is still possible.

Time Limits and Section 33

Direct Answer: For a personal injury claim the ordinary limit is three years, but for a child it runs from their 18th birthday, and where it has expired the court can still allow the case to proceed under section 33 if it is equitable to do so.

In A v Hoare [2008] UKHL 6 the House of Lords held that abuse claims fall within the ordinary personal injury time limit, but that the section 33 discretion is wide and can be used generously in abuse cases. The court weighs factors set out in section 33, including the reason for the delay, the extent to which the evidence is likely to be less cogent because of it, and whether a fair trial is still possible.

Many survivors take decades before they can speak about abuse, and courts recognise that the impact of the abuse itself can explain the delay. The key practical issues are whether the abuser is alive, whether records and witnesses survive, and whether the defendant can still meaningfully respond.

Who Can Be Sued

The abuser can be sued, but often has no means to pay. Claims frequently focus on an organisation, such as a school, care home, local authority or religious body, that was responsible for the abuser and the child, either through vicarious liability or its own negligence. Insurance for old periods may need to be traced.

Support Comes First

You do not have to decide about a legal claim before getting support. Specialist survivor services can help confidentially with counselling, practical needs and understanding your options, whatever you decide.

A solicitor experienced in abuse claims can explain the position in your case, the evidence that might exist, and how the process would work at a pace you control. Evidence may include social services and school records, medical records, police files and earlier inquiry material.

Frequently Asked Questions

Can I claim for abuse that happened decades ago?

Possibly. Time does not run against a child, and the court has a discretion under section 33 of the Limitation Act 1980 to allow a claim out of time where a fair trial is still possible. Every case depends on its facts.

What is section 33?

A provision that lets the court disapply the normal time limit in a personal injury claim if it is fair to do so, having regard to the reasons for delay and the effect on the evidence.

What if the abuser has died?

It does not necessarily end a claim, particularly against an institution that was vicariously liable or negligent. It may affect the evidence and the court's view of whether a fair trial is possible.

Do I have to report to the police first?

Not for a civil claim. A criminal investigation is separate, and you can pursue a civil claim whether or not there was a prosecution. Police involvement is generally required for a CICA application.

Is there compensation without going to court?

The CICA scheme is administrative and does not require a trial, though it has its own time limits and rules. Some organisations have redress processes. A solicitor can explain what applies to you.

Can an abuse claim be brought on a no win no fee basis?

Often, yes, where there is a defendant, such as an insured institution, that can be sued and the claim has reasonable prospects. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and QOCS normally protects you from the other side's costs. A success fee capped at 25% of general damages and past losses is deducted if it succeeds.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  7. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  8. A v Hoare [2008] UKHL 6

    A claim for deliberate assault, including sexual abuse, is governed by the ordinary three-year personal injury limitation period, but the court has a wide discretion under s.33 to allow it to proceed out of time.

  9. Criminal Injuries Compensation Scheme 2012

    State scheme for victims of violent crime in Great Britain. Applications must be made as soon as reasonably practicable and within two years of the incident (para 87), with special rules for those under 18 (para 88); awards are tariff-based to a maximum of £500,000, and unspent convictions and delay can reduce or bar an award.

  10. Mental Capacity Act 2005

    Governs decision-making for people who lack capacity, including who can bring a legal claim on their behalf as a litigation friend. Time limits do not run against a person who lacks capacity.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.