Same Roof Rule
The "same roof" rule has previously barred survivors of abuse from claiming compensation if the abuse occurred before 1 October 1979 and if a victim lived in the same home as the abuser.
The purpose of the rule was to prevent abusers benefiting from any compensation payments made to related victims. If the abused was related to the abuser there was no compensation available.
However, the Court of Appeal recently declared the same roof rule was unfair and the government is now going to abolish the rule.
Good news for victims
This is very good news for victims of abuse because the Criminal Injuries Compensation scheme is changing and will allow anybody who has ever previously been refused compensation because of the same roof rule to apply again. Similarly any victims who have not previously applied because they were told that they would not qualify, can now make an application for compensation.
Tip of an iceberg?
According to the Ministry of Justice there have been 4000 Criminal Injuries Compensation Scheme refusals as a result of the same roof rule being unfairly imposed on victims and we know from the recent high profile celebrity abuser cases that many cases of abuse have gone unreported. 4000 refusals may therefore be just the tip of the iceberg?
Justice for victims
Victims who have suffered abuse from members of family will now be able to claim compensation and each case will need to be considered on its own merits. Victims who wish to apply will need to provide details of what has happened and explain how their mental or physical health has been affected as a result of the abuse. The abuse will need to be reported to the police either at the time or can actually be reported now, potentially years after the event and before any application for compensation is made.
CONTACT US NOW
GLP solicitors deal with many sexual abuse cases and are one of the UK’s leading law firms specialising in Criminal Injury Compensation claims. We can help if you or somebody you know has been the victim of physical or sexual abuse and want to claim compensation.