The Court of Appeal has handed down its judgement in a landmark case which could pave the way for victims of abuse by individuals living under the same roof to “receive the justice they deserve”.
A woman, known at JT, appealed the Criminal Injuries Compensation Authority (CICA) “same roof” rule which prevents victims of abuse by perpetrators who live under the same roof from claiming compensation if the abuse took place before 1979. The Court of Appeal has now judged that the rule is incompatible with human rights laws.
JT was abused by her stepfather for thirteen years from the ages of four. He was later convicted, in 2012, of eight offences including rape and sexual assault however; JT was prevented from claiming damages through the CICA under the “same roof” rule.
After five years of fighting the rule, JT said,
I am delighted at the decision, not just for myself but hopefully this will help others like me.
The judgement has been welcomed by Barnardo’s, Liberty and Victim Support who stated that in the last three years, the CICA had refused 180 applications on the grounds of the “same roof” rule.
As a solicitor specialising in abuse claims, I also welcome this ruling and hope it will allow victims of abuse to claim compensation regardless of where they were living and who they were living with at the time.
Compensation claims are important for bringing a sense of closure for survivors of abuse and can help towards the costs of treatment, medication, and loss of earnings.
Farleys Solicitors have acted on behalf of many clients claiming compensation through the CICA. We understand it is very difficult to discuss what has happened to you and offer legal advice in the strictest confidence.
To speak to a member of Farleys’ experienced abuse team, please call our dedicated line on 0330 134 6430 or submit your enquiry online.
