High Court ruling narrows scope of new abuse claims law

A High Court judge has ruled changes to the law on sexual abuse cases do not extend to allegations of physical abuse brought in the same case.

The judgement is the first to consider new rules introduced under the Crime and Policing Act 2026, which scrapped time limits for some sexual abuse cases. 

News of the decision came in a case brought against the Isle of Wight Council involving allegations of historic abuse – both sexual and physical. Ms Justice Obi ruled the removal of time limits applied only to the sexual abuse allegations. 

The claimant argued the physical abuse allegations should also be covered because they were part of the same proceeding, but this request was denied. 

Going forward, it is understood that the ruling could affect organisations including local authorities, schools, charities, healthcare providers and insurers. 

James Arrowsmith, a partner at Browne Jacobson, which represented the Isle of Wight Council, said the decision provided important guidance on the scope of the new legislation. 

‘This is an important early decision in relation to a key development in claims arising from childhood abuse,’ he said. ‘Organisations exposed to these claims, and their insurers, have understood for some time that a change to the law for sexual abuse claims was coming, and have prepared for this.

‘The suggestion that claims pleaded alongside a sexual abuse allegation would also be affected appears to go beyond the policy decisions behind the new provisions of the Crime and Policing Act, and to disregard a longstanding view of the courts that limitation in relation to sexual abuse raises unique considerations when it comes to the ability of people to present claims, and therefore to limitation.’

‘This is important to any organisation exposed to risks associated with historical abuse, neglect, bullying or safeguarding failures,’ Arrowsmith added. 

‘The decision of the judge that other claims are not caught within Section 11ZA – which provides that time limits do not apply to actions for damages for negligence, nuisance or breach of duty when three specific conditions are met – merely because they forms part of proceedings in which sexual abuse is also alleged means the boundaries of the change are clearly delineated.

‘It had seemed clear throughout the debate on the Crime and Policing Bill that Parliament’s intention was to introduce a special test for limitation for sexual abuse allegations.

‘Had it intended to encompass physical abuse – as was suggested here – or the whole of any claim that contained an allegation of sexual abuse, then this would have been reflected in the drafting.’

Image: engin akyurt/UnSplash 

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