Abuse Compensation

The pre-1979 abuse compensation same roof rule- forthcoming reforms

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1979 Rule – How is that fair or just?
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The governments pre-1979 abuse victim rule is soon to be abolished

LEGAL UPDATE 10th September 2018

The Ministry of Justice yesterday announced they are to review the unfair “same roof rule” which prevents victims of abuse claiming compensation if they lived with their attacker. The rule applies to those who were abused before October 1979.

Here at the Criminal Claims Bureau we have been very aware of the damage this unfair rule has caused to those already suffering with the emotional and mental health impact of abuse. Put simply it was always a mechanism to save money and in the end served to deny justice to those who in many cases had already successfully taken their case through the criminal courts. One such victim decided to take her case to the Court of Appeal (CoA) to directly challenge the government rule. A landmark decision followed whereby the CoA agreed that the rule was unfair and needed to be reviewed.

We are pleased to say that the government have decided not to appeal the CoA decision and following yesterdays announcement the 1979 same roof rule is soon to be abolished.

What does this mean for previous and future claimants?

Firstly, please be aware that this is breaking news and at this stage the rule remains in place.

The CICA are to conduct a thorough review of the compensation scheme and will report back to the government in 2019 to allow changes to be implemented.

So whilst the rule is likely to be removed within the next 12 months we do not know when and any claims lodged now whilst the old ruling is in place, may be declined.

We are seeking guidance about the best course for applicants to take during this interim phase and we shall provide further updates here on this website in due course.

MAKE AN ENQUIRY TODAY for specific advice on your compensation prospects after this rule change. Call 01423 593002