76 Response Accepted Self-assessed

Vulnerable witness protections in civil courts

Recommendation

The Chair and Panel recommend that the Ministry of Justice provides in primary legislation that victims and survivors of child sexual abuse in civil court cases, where they are claiming compensation in relation to the abuse they suffered, are afforded the same protections as vulnerable witnesses in criminal court cases. The Chair and Panel understand that cost is already a barrier to victims and survivors considering a civil claim. In considering how to fund the implementation of this recommendation, the Ministry of Justice must ensure that this barrier is not further increased. The Chair and Panel recommend that the Civil Procedure Rule Committee amends the Civil Procedure Rules to ensure that judges presiding over cases relating to child sexual abuse consider the use of protections for vulnerable witnesses.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to the available evidence, the Civil Justice Council published a report on vulnerable witnesses and parties in civil proceedings in February 2020, following the UK government's statement on 19 December 2018 that the Council would consider the issues. According to the Government response to IICSA’s Accountability and Reparations Report (4 May 2022), in April 2021, the Civil Procedure Rules were amended to require courts to provide special measures for vulnerable parties and witnesses (CPR Practice Direction 1A), and the UK government decided to legislate further for special measures. According to the available evidence, no further published evidence has been identified since April 2021.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
England
Section Reference
G
Response
Accepted
Accepted in Part UK Government Initial Response
20 Dec 2018

At the request of the MoJ, the Master of the Rolls has agreed to the Civil Justice Council considering these issues, drawing on the experience not only of the criminal but also the family justice systems. A subcommittee of the CJC are specifically looking at this issue, with the aim of making recommendations. The MoJ will then liaise with the Civil Procedure Rule Committee in relation to existing rules.

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Accepted UK Government Follow-up
22 Jul 2019

A subcommittee of the CJC, led by His Honour Judge Barry Cotter QC, is specifically looking at issues raised by this recommendation. The subcommittee has drafted a consultation document and will produce a final report pulling together consultation responses in the Autumn. The MoJ will then liaise with the Civil Procedure Rule Committee.

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Accepted UK Government Follow-up
22 May 2023

On 19 December 2018, the UK government stated that the Civil Justice Council had agreed to consider the issues raised by this recommendation. In February 2020, the Civil Justice Council published its report on vulnerable witnesses and parties within civil proceedings. In April 2021, the Civil Procedure Rules were amended to require courts to provide special measures for vulnerable parties and witnesses in court (CPR Practice Direction 1A). The UK government also decided to legislate for special measures in civil proceedings in the Domestic Abuse Act 2021. The Act enables the court to make a special measures direction in relation to victims and alleged victims of 'specified offences', and victims, or those at risk of being victims, of domestic abuse. It also enables a court to give a direction prohibiting the cross-examination of a victim of a 'specified offence' in civil proceedings by a person who has been convicted or cautioned for that offence, where it is likely to diminish the quality of the victim's evidence, or would cause significant distress to the victim. A 'specified offence' is to be set out in regulations made by the Lord Chancellor and will include child sexual abuse offences.

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Source
Inquiry IICSA
Report Interim Report of the Independent Inquiry into Child Sexual Abuse 25 Apr 2018
Responsible Bodies
Ministry of Justice Primary
Recommendation age 7.9 yrs
Last formal update 1037 days ago