Public sector - market insights April 2025

New reforms to support victims of child sexual abuse 

The government published its response to the consultation on limitation law in child sexual abuse cases in England and Wales on 5 February 2025. 

Currently civil child sexual abuse claims must be brought within three years of turning 18 years old, although there is a discretion for the Court to allow claims to proceed out of time. 

In line with the recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA) and the majority of those who responded to the consultation, removal of the three-year limitation period will apply to all civil child sexual abuse claims brought by victims and survivors. However, there are exceptions, namely: 

• Claims brought on behalf of victims and survivors estates; and 
• Claims which have already been dismissed by a court or settled by agreement. 

The burden of proof on limitation issues will shift from survivors to defendants. IICSA says that this will enable cases to be heard more easily, and protect victims from reliving their trauma. Limitation arguments will still be open where defendants can prove that it is not possible for a fair hearing to proceed, or they would be substantially prejudiced were it allowed to proceed. 

This will reflect the law in Scotland following the Limitation (Childhood Abuse) (Scotland) Act 2017. 

The proposed reforms will require primary legislation and the government has yet to decide on its approach. 

Procurement Act 2023  

The Act came into force on 24 February 2025 and is aimed at creating a more open and transparent public procurement regime. It introduces measures to “improve and streamline the way procurement is done and benefit prospective suppliers of all sizes, particularly small businesses, start-ups and social enterprises.” 

Online Safety Act 2023  

The Act applies to search engines, social media sites and any other sites that allow users to post content or interact with others.   

Various changes are anticipated once the implementation of the Act is complete, to make the internet safer for children, including:

• By default, children’s profiles and locations will not be visible to others.
• Non-connected accounts will be unable to send children direct messages, for example messages sent by those who are not ‘friends’ on Facebook.
• Children should not appear in lists of suggested users for other account holders to consider adding to their network.
• Children will be provided with information to enable them to understand the risks of sharing personal information.
• Age verification will be imposed for services which allow pornographic content or other certain types of harmful content.

Local authorities have a duty under the Children Act 2004 to work with local police, other organisations and agencies to safeguard and promote the welfare of children. The guidance for Working Together to Safeguard Children 2023 identifies the need for safeguarding and promoting the welfare of children, including protecting children from maltreatment online. As such, local authorities should be aware of the new offences introduced by the Act to ensure that appropriate steps are taken if they identify that a child has been a victim to an offence or is accessing harmful content online.   

We have also identified the Online Safety Act as a key topic in the Crime & regulatory section.

The Terrorism (Protection of Premises) Act 2025

The Terrorism (Protection of Premises) Bill received Royal Assent on 3 April 2025. The implementation period is expected to be at least 24 months. This means that there is no legal requirement to comply with the provisions of the Act until the legislation comes into force.

The new Act, also referred to as Martyn's Law, is intended to improve protective security and organisational preparedness across the UK. It requires certain premises and events to ensure steps have been taken to prepare for potential terrorist attacks and get ready to help keep people safe in the event of an attack. The Home Office will publish statutory guidance during the implementation period, aimed to assist with understanding the requirements set out in the legislation.

We have also identified the Terrorism (Protection of Premises) Act in the Crime & regulatory and Political risk sections.

Scottish Law Commission reports on damages for personal injury 

On 4 December 2024, the Scottish Law Commission published its report on damages for personal injury, along with a draft Damages (Scotland) Bill. This follows a discussion paper published in February 2022 examining whether, and if so how, any clarification or reform of the law in this area should be undertaken to reflect societal change. 

The report focuses on four key areas: 

• Awards of damages in respect of services provided to and by an injured person and specifically whether the restriction to "relatives" should continue to apply. 
• What deductions should be made from awards of damages. 
• The operation of provisional damages, particularly in the context of asbestos-related disease. 
• The management of damages awarded for the benefit of children so that the children’s interests can be best safeguarded. 

The Commission’s task is to recommend ways of simplifying, updating and improving the law of Scotland. The Scottish Government is not bound by its recommendations. It remains to be seen whether the recommendations will be taken forwards. 

Children’s Wellbeing and Schools Bill 

This Bill was introduced on 17 December 2024 as a pivotal step in safeguarding children at risk of abuse and ensuring no vulnerable child falls through the cracks between different services.  

On 20 January 2025, the Rape Crisis England and Wales wrote a joint letter to Rt Hon Bridget Phillipson MP, Secretary of State for Education, and Jess Phillips MP, Minister for Safeguarding and Violence Against Women and Girls, regarding concerns over safeguarding victims of peer-on-peer sexual abuse in school settings. 

The letter highlights the risk to schools who might be unwittingly breaching the Human Rights Act 1998 and the Equalities Act 2010 by not responding to concerns of sexual violence and abuse appropriately. 

Adult social care in England and Wales  

On 16 December 2024, a coalition of over 100 organisations emphasised the need for the Government to collaborate with the adult social care sector to address mounting challenges faced by councils, care providers, and charities. The group highlighted that, while the recent UK Budget - at least £600 million of new grant funding to support social care - delivered “welcome” additional funding for local authorities, changes to employer National Insurance contributions (ENICs) have introduced new financial pressures, further “increasing the risk of adult social care falling short of its potential.” According to the Local Government Association, these ENIC changes will impose an additional £1.77 billion in costs on councils. The group calls for longer-term changes to support the care system. 

The National Care Service (Scotland) Bill 

This Bill has had a tempestuous Parliamentary journey. Concern on use of a framework Bill was voiced from its earliest days, with much of the substance of the Service to be created by later secondary legislation. There was Holyrood Committee criticism of the Financial Memorandum costing the Service. 

The Bill currently remains at the beginning of Stage Two of the three stage Holyrood legislative process. 

However, following a statement to the Scottish Parliament by Maree Todd MSP, Minister for Social Care, Mental Wellbeing and Sport, on 23 January 2025, it is clear that Part One of the Bill will proceed no further, as Scottish Ministers accept that it lacks the necessary Parliamentary support to pass. 

So what will remain from this Bill? Part Two allows for secondary legislation regulating the sharing of information between care function holders. Part Three of the Bill introduces “Anne’s Law”, intended to protect the rights of care homes residents to maintain connections with family and friends, and vice versa, even at times of crisis, and arises from lived experience during the COVID-19 pandemic. Part Three also creates a right to breaks for unpaid carers. 

Scottish freedom of information back in the news  

In December 2024, the Scottish Information Commissioner issued a call to reform Scotland’s freedom of information (FOI) legislation following the announcement that the Scottish Government had delayed plans to extend the remit of FOI to social care providers because of delays to the National Care Service (Scotland) Bill. The Scottish Government has since announced that changes to social care will not include structural change to delivery models, but it is not yet clear when the implications of this for FOI will be addressed. 

All of this follows a government consultation and separate proposal by Katy Clark MSP for a Members’ Bill, both published in late 2022. Ms Clark is expected to introduce a Bill to Holyrood in the near future which will likely seek to extend FOI beyond public authorities to potentially all private and third sector bodies entering into contracts which are publicly funded, or providing public services. 

Case developments   

Duty of care owed by public bodies considered by the Court of Appeal 

Chief Constable of Northamptonshire Police v Woodcock and CJ and others v Chief Constable of Wiltshire Police [15.01.25] 

On 15 January 2025 the Court of Appeal handed down a combined judgment for these two cases finding in favour of the police.  

In Northamptonshire the police were aware that Ms Woodcock’s former partner had been stalking her. On 19 March 2015 a neighbour made a 999 call reporting him loitering outside her house. Officers did not call Ms Woodcock to inform her of the risk. Before the officers arrived, she was stabbed repeatedly. She alleged that the Chief Constable owed her a duty of care to protect her from the attack. 

In Wiltshire the police had not owed a duty of care in their investigation of offences involving the downloading indecent images of children where the perpetrator went on to sexually abuse. The claimants alleged that the Chief Constable owed them a duty of care to prevent the abuse. 

Following the decision in Tindall v Chief Constable of the Thames Valley [2024], this judgment provides another stark reminder of the very limited circumstances when the police and other public officers will owe a duty of care for failing to protect another from harm. 

Loss of earnings when the claimant is a minor 

Amadu-Abdullah v Commissioner of Police for the Metropolis [06.12.24] 

Mr Justice Ritchie gave helpful guidance on the correct way of assessing damages for future loss of earnings when a teenage claimant had not yet started working but had signed a two-year contract to play professional football.  

The judge decided that the most appropriate method, on the facts of this case, was to award damages on a Smith v Manchester basis. The award was based on loss of earnings for one year, net of tax and national insurance. 

Supreme Court considers police duty of care 

Tindall v Chief Constable of Thames Valley Police [23.10.24] 

The case concerned an alleged failure by police to take steps to make safe an accident scene. A fatal incident later occurred and a claim was brought in negligence against Police by the victim’s widow. 

The court found in favour of the defendant, confirming that a duty of care in negligence does not usually arise for failing to protect another from harm, as opposed to actually causing harm. 

Third party proceedings in Ireland   

Grehan & Anor v Dublin City Council [15.10.24] 

The High Court set aside third-party proceedings against Irish Water on the basis of delay. The main proceedings were issued by homeowners against Dublin City Council (DCC) in 2019 following a water leak at their property. DCC delivered its defence five months later. In June 2023, four months after the homeowners had served a notice of trial, DCC sought and was granted permission to issue and serve a third-party notice on Irish Water. However, the High Court subsequently set aside the third-party proceedings because of DCC's unreasonable and unexplained delay in seeking to join Irish Water to the proceedings.