Same Roof Rule abolished under CICA

Same Roof Rule abolished under CICA

Posted : 17th June 2019

As of last Thursday 13th June, survivors of abuse under the same roof rule can now apply for compensation for the abuse they suffered.

The Criminal Injuries Compensation Scheme was introduced in 1964 to compensate innocent victims of crimes of violence. However, paragraph 19 of the 2012 scheme stated that:

“An award will not be made in respect of a criminal injury sustained before 1 October 1979 if, at the time of the incident giving rise to that injury, the applicant and the assailant were living together as members of the same family.”

This section denied compensation to victims of violent crimes (before 1979), if they lived with their attacker at the time. Alistair Smith explains here.

Alistair Smith, and our civil litigation team at Watson Woodhouse solicitors were at the forefront of the fight to have this rule overturned so that victims of abuse could claim compensation.

The CICA scheme was amended in 1979 to allow more people to be able to claim, but did not apply to offences committed before 1979. It was for this reason that the Court of Appeal in the case of our client JT v First Tier Tribunal and Others were asked to consider whether the rule in place before 1979 was compatible with the Human Rights Act (HRA), specifically Article 14 on the prohibition of discrimination.

Fighting on behalf of our client JT, a lady from Teesside, the team successfully challenged the rule after the Court of Appeal examined the CICA scheme and found it was incompatible with the HRA based on the fact that children living with their family were treated differently and less favourably by the CICA scheme without any good justification.

The rule was formally scrapped in February, with the opportunity to apply for compensation opening on the 13th June 2019.

Now victims of abuse can claim for sexual assault under the same roof rule as Parliament amended the bill. Survivors will now have two years to apply to the Criminal Injuries Compensation Authority (CICA) and all applicants will be given a named contact so you do not have to repeat your experience to multiple people.

If you were previously denied compensation then you can reapply under a new application, so please do not let that put you off coming forward and claiming.

As the solicitors who led this fight and were successful in overturning the rule, we have specialists in this field and an in-depth understanding of the challenges that survivors can face having challenged this rule in the Court of Appeal.

With vast experience, and an excellent track record of achieving results, we provide both a professional, and personal service, tailored to the needs of the individual clients’ case.

If you have been victim of abuse under the same roof rule then please get in touch with Watson Woodhouse today to see how we can help you. Our empathetic and hardworking solicitors will do all they can to ensure that you are given the compensation you deserve, and we operate on a No Win, No Fee basis.

Call us free on 01642 247656 or visit our website https://www.watsonwoodhouse.co.uk/service/abuse-claims-advice/same-roof-rule/ for more information.

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