Childhood sexual abuse claims: How proposed reforms to UK limitation periods could impact sports organisations

Until now, all personal injury claims, including those for childhood sexual abuse, have been subject to a three-year limitation period.^[1] The clock starts on a complainant’s 18^th birthday and expires when they are 21, although they can take on the burden of (and often succeed in) persuading the court that it would be equitable to allow the claim to proceed out of time, and that a fair trial can still happen.

On 5 February 2025, however, the UK Government announced new reforms to support victims of child sexual abuse,^[2] which will remove this time limit. For such claims, the burden will be reversed.   Under the proposal: the burden of proving it is not possible to have a fair trial, and not equitable for the claim to proceed, will now fall on the defendant being sued.

This is significant for the sports sector, which has experienced an increasing number of safeguarding and sexual abuse claims against sports clubs and bodies. This article explains the proposed change, and examines how sports organisations should prepare for it:

• Background
  • The proposed reforms
  • The law on vicarious liability
• How the proposed reforms could impact sports organisations
  • Creation of a rebuttable presumption of a trial
• How should sports organisations prepare?
  • Information management and document retention
  • Reviewing insurance cover
• What comes next?