Removal of the three-year limitation period for personal injury claims is among a string of recommendations published today by the Independent Inquiry into Child Sexual Abuse. Mandatory reporting by professionals of abuse allegations is also proposed, with failure to report potentially leading to the commission of a new criminal offence in some circumstances.

The inquiry was set up in 2014 following a series of revelations of abuse, most notably involving the late television star Jimmy Savile. It has published 15 investigations and dozens of other reports, cataloguing details of abuse at institutions including the Catholic Church, the Church of England, and at Westminster. Its final report sets out how state and other institutions failed in their duty of care to protect children from sexual abuse and exploitation. 

'The nature and scale of the abuse we encountered was shocking and deeply disturbing,' Alexis Jay, a social care expert who led the inquiry, told reporters. 'This is not just a historical aberration which happened decades ago, it is an ever-increasing problem and a national epidemic.'

Other recommendations include the creation of a child protection authorities in England and Wales, and changes to the Criminal Injuries Compensation Scheme.

Richard Scorer, head of abuse law at Slater & Gordon, who represented the single largest group of victims at the inquiry, hailed the report as a ‘huge day’ for survivors of abuse. But he added: 'This report makes a start on much needed reform. But it doesn’t go far enough. We strongly welcome mandatory reporting. However the inquiry’s recommendation falls short of what we need. The lack of any criminal penalty for failure to report abuse which is reasonably suspected creates a real risk that institutions can still turn a blind eye.

'Children rarely disclose abuse, perpetrators almost never do. Mandatory reporting can only work if the requirement to report reasonable suspicion of abuse has teeth in the form of criminal sanctions. As currently worded the inquiry’s proposal could end up being mandatory reporting in name only. We will fight to strengthen this proposal as it goes through parliament.’

Scorer added: 'We strongly welcome the recommendations to abolish the unfair three-year time limit for civil claims, and CICA reform. The government must implement these without delay. We welcome the overhaul of regulation - but again, we fear that the powers of the new Child Protection Authority will be inadequate.'

The Association of Personal Injury Lawyers called for the scrapping of the time bar for civil claims 'without delay'. The limit has already been abolished in Scotland.

Kim Harrison, APIL executive committee member, said: 'The law needs to recognise that survivors of childhood sexual abuse are unique and almost always seek justice later than other injured people – for very good reasons.'

 

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