Association of British Insurers Supports Review of the Law on Limitation for Child Sexual Abuse Claims

LONDON, England, June 27 -- The Association of British Insurers issued the following news:

The Association of British Insurers has written to the Independent Inquiry into Child Sexual Abuse (IICSA), saying it believes there is a need to change the law on limitation for child sexual abuse claims.

The letter, sent to inquiry chair Professor Alexis Jay and signed by ABI Director General Huw Evans, offers the assistance of the ABI in developing a future framework for the claims and says:

"We have listened to the compelling accounts of victims and survivors about the significant deterrent effect of the current law on limitation. No victim or survivor of abuse should be discouraged from seeking the compensation they may be entitled to. We now believe that there is a need for change and will support a review of the current law on limitation for CSA claims.

"We would therefore welcome the opportunity to engage with IICSA, law makers and other concerned stakeholders, including victims and survivors and their representatives, to develop a more suitable framework for the law on limitation in CSA claims."

Currently, the law says any claim must be brought within three years of a victim or survivor of abuse turning 18, or within three years of them first becoming aware they have suffered an injury at the hands of another person.

The ABI had previously said no change was necessary because the law allows courts to overrule the time bar, which they regularly do in these cases.

You can see a full copy of the letter and the legal background provided to IICSA here.

The role of insurers in cases of child sexual abuse

Someone who is a victim or survivor of child sexual abuse while in the care of a company, public body or other organisation may be able to make a claim for compensation from the employer of the alleged abuser. In some cases, these employers may have had public liability insurance which would therefore cover these liabilities and mean the victim or survivor could claim compensation from the insurance firm.

The role of the ABI in the IICSA process

The ABI is not a core participant in the IICSA process but its General Counsel, Philippa Handyside, gave evidence to the inquiry towards the end of 2018. As a trade association, the ABI continues to offer assistance to the inquiry and speaks for its members, including insurers providing public liability insurance who are core participants.