A new time limit for civil actions arising from the non-sexual abuse of children is needed, according to the Law Reform Commission.
This should be more generous than that which applies to other forms of injury but different from the limitations regime introduced earlier this year for victims of child sexual abuse.
It recommends a period of up to 15 years in which to bring a civil action for non-sexual abuse. The maximum limit available for other forms of injury is six years.
The commission, presided over by Mr Justice Budd, will release today its consultative paper on the subject of the law of limitation of actions arising from the non-sexual abuse of children. It was asked to do so by the Attorney General as part of a package of measures aimed at addressing the abuse of children in institutions from the 1930s onward.
One of these was the introduction of the Statute of Limitations (Amendment) Act earlier this year. This allows the victims of child sex abuse an undefined extension of the time in which they can bring action for damages if the delay arose from psychological damage inflicted by the abuse.
However, the Minister for Justice, Equality and Law Reform considered that this was not applicable to the non-sexual abuse of children. He said it was not clear that non-sexual child abuse affected victims in their adult years in the same way as sexual abuse, and that what would have been considered reasonable corporal punishment 30 years ago would not now be acceptable.
The commission examined the law in other common law jurisdictions, including England and Wales, Scotland, Canada, Australia, New Zealand and the US. It found that where the law had been amended the focus was on sexual, rather than non-sexual, abuse. Those who considered non-sexual child abuse concluded that a separate limitations regime was not necessary.
While concluding that a special regime was necessary for non-sexual child abuse, the commission did not feel that expert or psychological evidence should be the determining factor in deciding the matter, as it is in the case of sexual abuse.
Instead, it recommends a fixed period, running from the age of majority of the victim, for bringing a civil action for child non-sexual abuse. This could be either 12 years, with judicial discretion to allow an additional three years, or simply 15 years.
The commission also recommends that this be retrospective, applying to cases which arose in the past and which have not yet been settled.
The regime should apply to cases where there was a relationship of trust and dependency between the victim and the perpetrator, and also to the liability of the employer of the perpetrator and to cases where public authorities were liable.
The commission is seeking the views of interested parties.