Same Roof Rule
What is ‘The Same Roof Rule’?
Introduced in 1964 to compensate innocent victims of crimes of violence, The Criminal Injuries Compensation Scheme included specific dates that could not be included. Paragraph 19 of the 2012 scheme stated the following:
“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.”
Basically, this section of the Same Roof Rule meant victims of violent crimes before 1979 would be denied compensation if they lived with their attacker at the time.
Court of Appeal Success for our Client
Strongly believing this rule required change, The Civil Litigation team of Watson Woodhouse challenged it on behalf of a lady, JT, from Teesside. We were successful.
The challenge was made through the Court of Appeal with the case of JT -v- First Tier Tribunal. It was found the rule unlawfully discriminated against our client. Subsequently, Parliament decided to take this unfair and discriminatory rule out of the Scheme completely, resulting in, The Same Roof Rule being overturned.
Solicitor Alistair Smith from Watson Woodhouse can be found speaking about the changes achieved to the Same Roof Rule. You can also find information about how Alistair has aided compensation claims against Medomsley Detention Centre. We can help you through claims regarding all manners of abuse and are here to guide and support you fully.
What Does This Mean for Victims & Survivors?
Due to the abolition of the Same Roof Rule, JT and other victims who experienced assault between 1964 and 1979 can now apply for compensation.
If you were the victim of assault by someone you were living with between 1964 and 1979, you may now be able to make a successful application to the CICA.
Are you impacted by the same roof rule change?
Speak to our specialist team of solicitors at Watson Woodhouse who’ve experienced the success of overturning this rule. Our experts in this field have an in-depth understanding of the challenges victims of abuse face having questioned this rule and won in the Court of Appeal.
We are here to help
Call us today for a free intial consultation with a specialist solicitor in this field.
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.
You may be able to claim even if you have previously applied and been rejected.
Cases can be conducted under a “No Win No Fee” agreement.