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| 1 minute read

Further delay for pre-action protocol for child abuse claims

With the Government having recently indicated that now is not the right time to introduce a national redress scheme as recommended by IICSA, and having encouraged victims and survivors to access justice and compensation through the civil courts, it is somewhat surprising that the specific Pre-Action Protocol (PAP) for child abuse claims appears to have been put on hold. 

At the meeting of the Court Practice Rules Committee (CPRC) on the 7th of March 2025 it was noted that the Ministry of Justice have advised that their immediate focus is on delivery of the legislative changes necessary to implement the removal of the limitation period in these types of claims. As no public announcement on how and when the Government will implement these changes in limitation periods, the CPRC has advised that it will await confirmation of the Government’s position before programming this matter for further consideration.

With the planned changes to limitation and encouragement for people to bring their claims through the civil courts, starting work on the PAP would seem to be needed now more than ever. It will inevitably take time and waiting until limitation changes have been implemented will mean ultimately further delay and lack of clarity for all involved in these civil claims. Clarity and certainty is as important for organisations against whom claims are made (and their insurers) as it is for victims and survivors. 

Tags

uk & europe, abuse, abuse and neglect, casualty, disease, education, employer and public liability, insurance & reinsurance, local authority