Children can be victims of domestic abuse too

The Domestic Abuse Act 2021 recognises that domestic abuse is not always physical. It can include controlling behaviour and emotional or psychological abuse. The Act also recognises children as victims when they see, hear or experience the effects of domestic abuse.

This was an important change. But adult survivors can still face barriers when they seek justice for what happened during childhood.

The problem with time limits

A civil claim is when someone asks a court for compensation for harm caused to them. In England and Wales, personal injury claims usually have to be started within three years. When the harm happened in childhood, that deadline normally begins when the survivor turns 18.

Courts can allow a late claim, but there is no guarantee. Survivors must persuade a judge to use their discretion, and many cases never get that far.

What changed in 2026?

The Crime and Policing Act 2026 removed the three-year deadline for civil claims arising from child sexual abuse. The change came into force on 29 June 2026. It applies to past abuse, and courts can still stop a claim if a fair trial is no longer possible.

The change recognises that it can take survivors many years to understand what happened, speak about it and feel ready to seek justice.

But the new rule only applies to sexual abuse.

Why were other forms of abuse left out?

The reform came from the Independent Inquiry into Child Sexual Abuse, which by design only examined sexual abuse. When the government decided not to extend the change, it gave that as the reason: other forms of abuse had not been examined.

Survivors of physical abuse, emotional abuse and neglect were not considered and rejected. Their experience was simply never looked at.

The gap in practice

In July 2026, in one of the first cases under the new law, the High Court ruled that the new rules applied only to the sexual abuse parts of a survivor’s claim. The physical abuse allegations, involving the same claimant, remained under the old test.

Scotland already does this

Since 2017, Scotland has removed the time limit for civil claims arising from all forms of childhood abuse, including sexual abuse, physical abuse, emotional abuse and neglect. Its law applies to past abuse and includes safeguards so that a claim cannot proceed where a fair hearing is not possible.

A survivor of childhood emotional abuse or neglect in Scotland can bring a claim that a survivor in England or Wales cannot.

What we are asking for

We are asking Parliament to extend the new rules in England and Wales so they cover civil claims arising from:

  • childhood physical abuse;

  • childhood emotional or psychological abuse; and

  • childhood neglect;

on the same terms as child sexual abuse claims: applying to past abuse, with the same fair-trial safeguards.

Removing the deadline would not guarantee that any claim succeeds. The court would still consider the evidence, the harm caused and whether a fair hearing is possible. It would simply give survivors of all forms of childhood abuse a fair opportunity to be heard.

Why this matters

Many survivors do not understand the effect of childhood abuse until years later. The type of abuse they experienced should not decide whether they can seek civil justice.

The law already recognises that emotional and psychological harm is real. The rules on time limits should recognise it too.

The law and what needs to change