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Civil claims: common questions

Short answers to the questions people ask about civil claims for abuse: what one is, the time limits, how abuse can be proven, and how to get advice. Read at your own pace. You don’t have to decide anything.

Before you read. These answers talk about abuse and the law in general terms, without describing any abuse in detail. You can stop at any time. If reading them brings things up for you, you can talk to someone.

Every answer on this page comes from the law itself (legislation.gov.uk and a Supreme Court judgment), GOV.UK, mygov.scot or nidirect. We last checked it on 6 October 2026. This is general information, not legal advice. It covers England and Wales, Scotland and Northern Ireland.

For the full picture, read our guide to civil claims.

What a civil claim is

What is a civil claim?

A civil claim asks a court to order compensation for harm that someone caused you. It is separate from any criminal case, and separate from criminal injuries compensation.

What are historical abuse claims?

People use this phrase, or ‘non-recent abuse claims’, for claims about abuse that happened some time ago, often in childhood. It can mean a civil claim for compensation, which this page is about. It can also mean an application for criminal injuries compensation or, for some people who were abused as children in care or in other institutions, to a redress scheme.

Can you sue for historical abuse?

A civil claim can be about abuse that happened a long time ago. Whether one is still possible depends on the time limit that applies, which depends on where the abuse happened, your age at the time and the kind of abuse. The answers below explain the time limits. A solicitor can tell you whether you may have a claim.

Who can a claim be brought against?

Usually the person who harmed you, or an organisation that was responsible for them or for you at the time, such as a council, school, church or care provider. A solicitor can tell you who a claim could be brought against in your case.

Time limits

How long do I have to bring a civil claim in England and Wales?

In England and Wales, a claim for a personal injury normally has to be started within 3 years of the injury, or within 3 years of your ‘date of knowledge’ if that is later. That is broadly when you first knew the injury was significant, that it was caused by what happened, and who was responsible.

Our glossary explains date of knowledge and limitation period.

I was under 18 when it happened. When does the time limit start?

In England and Wales, and in Northern Ireland, if you were under 18 when you were harmed, the 3 years normally start on your 18th birthday. In Scotland, there is no time limit for a personal injury claim about abuse that happened when you were under 18.

What if the time limit has already passed?

In England and Wales, a court can allow a claim to go ahead after the time limit if it considers it fair to do so, looking at all the circumstances, including how long the delay was and the reasons for it. Courts in Scotland and in Northern Ireland have a similar power.

I was sexually abused as a child. Is there a time limit?

Since 29 June 2026, in England and Wales there is no time limit for a personal injury claim about sexual abuse that happened when you were under 18. This applies however long ago the abuse happened, but not to claims that were settled or decided by a court before that date.

Where a claim like this would otherwise have been out of time, the court must dismiss it if the person or organisation being sued shows that a fair hearing is not possible.

What about other kinds of abuse in childhood, in England and Wales?

If you experienced other kinds of abuse as a child, a solicitor can explain how the time limits apply to you.

What are the time limits in Scotland?

In Scotland, since 4 October 2017, there is no time limit for a personal injury claim about abuse that happened when you were under 18. ‘Abuse’ includes sexual, physical and emotional abuse, and neglect.

A Scottish court must not let such a claim go ahead if the person or organisation being sued shows that a fair hearing is not possible. For abuse before 4 October 2017, the court can also stop a claim if they show they would be ‘substantially prejudiced’ (seriously disadvantaged) and, after weighing your interest in the claim going ahead, the court decides it should not proceed.

Other personal injury claims in Scotland, including claims about abuse you experienced as an adult, normally have to be raised within 3 years.

What about Northern Ireland?

Northern Ireland has no special time limit rule for abuse in childhood. A personal injury claim normally has to be started within 3 years of the injury, or within 3 years of your date of knowledge if that is later. If you were under 18 when you were harmed, the 3 years normally start on your 18th birthday. A court can allow a claim after the time limit if it considers it fair. A solicitor in Northern Ireland can explain how these rules apply to you.

Proving what happened

How can historical abuse be proven?

A civil claim uses a different test from a criminal trial. A criminal court decides on the basis of ‘beyond reasonable doubt’. In a civil claim in England and Wales or in Scotland, the court decides whether something more probably happened than not. This is called the ‘balance of probabilities’.

What evidence could help depends on what happened. A solicitor can explain this for your situation.

If you apply for criminal injuries compensation, CICA also decides on the balance of probabilities, and the person who harmed you does not have to have been convicted.

Paying for a claim

Can I get legal aid?

In England and Wales, legal aid can cover civil claims about abuse that happened when you were a child or a vulnerable adult. It can also cover civil claims about a sexual offence, whatever your age at the time, and whether or not anyone was prosecuted. Whether you get it also depends on your circumstances, including your finances.

Check if you can get legal aid on GOV.UK 

Scotland and Northern Ireland have their own legal aid rules. In both, a solicitor applies for you. In Scotland, the Scottish Legal Aid Board (SLAB) decides; in Northern Ireland, for most civil court cases, the Legal Services Agency Northern Ireland decides. Your finances are taken into account.

Legal aid may not cover every cost. You may have to pay something towards your case, or pay some of the cost back if you win compensation.

Are there other ways to pay for a claim?

A solicitor can explain other ways a claim could be paid for.

Getting advice

How do I find out whether I have a claim?

A solicitor can tell you whether you may have a claim, how the time limits apply to you, and what it would involve. It can help to ask whether they have experience of abuse claims.

You can search for solicitors on the Law Society’s Find a Solicitor (England and Wales), the Law Society of Scotland or the Law Society of Northern Ireland. Our Legal Directory also lists solicitors who act for survivors of abuse. You contact a firm directly, and we are never paid for a case.

Read about the people you might meet if you make a claim, and our list of questions to ask a solicitor.

You don’t have to do this alone

Thinking about a claim can bring up difficult memories. The organisations in our Support Directory offer support, whatever you decide to do.

Looking for a different question? Go back to common questions.

Where this information comes from

Checked on 6 October 2026. The law can change, so a solicitor should always confirm how it applies to you.

For the full picture, including legal aid in each part of the UK, read our civil claims guide.

Read the civil claims guide