Following the successful challenge of the ‘same roof rule’ in 2018, the Ministry of Justice has now put the wheels in motion to remove obstacles that have previously meant that victims of abuse have not been able to claim compensation if, at the time of the abuse, they lived in the same house as their abuser.
These changes will amend the Criminal Injuries Compensation Authority (CICA) Scheme and result in more victims being able to apply for compensation, regardless of where and when offences have taken place. As the changes will be applied retrospectively, victims who have previously applied and been refused will now be able to reapply.
This pledge is part of the government’s wider objective in offering more support to victims whilst also ensuring that schemes are up-to-date and responsive to the changing nature of crime. Baroness Newlove, Victims’ Commissioner for England and Wales has welcomed the move to get rid of the ‘outdated’ and ‘unfair’ rule and has recognised that this adjustment will mean that “In future, all victims of historic abuse will be treated equally and their access to compensation will be an acknowledgment of their suffering and pain”.
As specialist abuse solicitors, we represent many victims of historical abuse and we certainly welcome the change in policy. Working closely with our clients, we frequently see the life-changing and often debilitating effects that these types of offences have on people. It is our view that all victims of abuse, whether recent or historical should be entitled to be financially compensated for their traumatic experiences, long-lasting after-effects as well as all other losses that they may have suffered.
The sensible abolition of the CICA ‘same roof rule’ signifies a new dawn and we are delighted that hundreds of our clients previously refused compensation, now have justifiable and meritorious claims.
As legal professionals in this field, we strive to achieve the best possible outcome for all of our clients in securing the highest award possible and one that accurately reflects the pain, suffering and loss experienced. Please see our recent blog on CICA claims and how we can help.
Get in touch with Farleys’ specialist abuse team on 0330 034 6430 or contact us by email and one of the team will get back to you.
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