Recommendation 76: Vulnerable witness protections in civil courts
From Interim Report of the Independent Inquiry into Child Sexual Abuse, published 25 April 2018.
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.
In brief (written by this site)
In July 2019, HM Government stated that a Civil Justice Council subcommittee had drafted a consultation document and would produce a final report that autumn, after which the Ministry of Justice would liaise with the Civil Procedure Rule Committee regarding witness protections (HM Government, Jul 2019). The Independent Inquiry into Child Sexual Abuse recorded in October 2022 that the council published its report in February 2020, the Civil Procedure Rules were amended in April 2021 to require special measures for vulnerable court parties, and provisions in the Domestic Abuse Act 2021 enabled special measures directions in civil cases involving specified offences (The Independent Inquiry into Child Sexual Abuse, Oct 2022).
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
25. The Inquiry highlights concerns of victims and survivors of child sexual abuse about their experience of giving evidence in civil justice proceedings relating to the abuse they suffered.
26. Whilst the civil courts do not have the range of protections that are available to vulnerable and intimidated witnesses in criminal justice proceedings, measures do exist to help witnesses to give their best evidence. Rule 32 of the Civil Procedure Rules, which covers how evidence can be given in civil court cases, provides some safeguards for vulnerable witnesses.
27. The MoJ agrees, however, that that there is a need for better understanding of how these provisions currently operate and where improvements might be needed, not only for victims and survivors of child sexual abuse, but for any vulnerable witness in the civil justice system.
28. At the request of the MoJ, the Master of the Rolls, the senior civil judge in England and Wales, has agreed to the Civil Justice Council (CJC), the statutory body responsible for advising on the modernisation of the civil justice system, considering these issues, drawing on the experience not only of the criminal but also the family justice systems.
29. Work has already commenced by seeking views and experiences of the civil judiciary. 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 and as to whether any other provision about protections is appropriate.
Delivery
UK Government says in progress (22 July 2019)
A subcommittee of the CJC, a group of judges and officials led by His Honour Judge Barry Cotter QC, is specifically looking at issues raised by this recommendation. The subcommittee has drafted a consultation document to share with members of the CJC and will produce a final report pulling together consultation responses in the Autumn. The MoJ will then liaise with the Civil Procedure Rule Committee to share the final report, how the findings might relate to existing rules and whether any other provision about protections is appropriate.
Site note: The UK Government's progress update on the Interim Report, 22 July 2019. For each recommendation it restates the "Government commitment - December 2018" and gives an "Update"; it states no new position on the recommendation. The position is in the response of 20 December 2018.
What other bodies have found
In their own words. These do not change the delivery statement above.
Independent Inquiry into Child Sexual Abuse (6 October 2022)
In February 2020, the Civil Justice Council published its report on vulnerable witnesses and parties within civil proceedings. The Civil Justice Council was asked by the Ministry of Justice to consider the vulnerability of parties and/or witnesses in civil actions in response to the Inquiry’s recommendation. The report recommends that Her Majesty’s Courts and Tribunal Service should ensure that individual court centres/courts should prepare comprehensive operational protocols which should include consideration of the assistance/protections that can be given to vulnerable parties/witnesses given available facilities in both civil and family cases. 1 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 ). 1 April 2021 - A New Victim's Code came into force on 1 April 2021, which establishes 12 overarching rights on the minimum level of information and service victims can expect at every stage of the justice process. 9 December 2021 - The Government launched a consultation on the Victims’ Bill on 9 December 2021, which aims to understand victims’ experiences of the criminal justice system and how they can be approved. The UK government legislated 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.
From: Recommendations - Interim Report
Site note: These are the Inquiry's own words, from its recommendations page for the Interim Report, captured by the Internet Archive on 6 October 2022. They are the Inquiry's account of what the body told it, not the body's own words.
Site note: The government's own words are recorded on this recommendation: its response of 20 December 2018 and its progress update of 22 July 2019.
Source
Responsible bodies
Themes and tags
Who has spoken
- UK Government
Response, delivery statement - Independent Inquiry into Child Sexual Abuse
Finding