What is the “same roof” rule?
The so-called “same roof” rule stood to prevent victims, namely historic abuse, claiming compensation if they lived with the attacker at the time of the abuse, before 1979.
Following July 2018, the court of appeal found, in a case brought by a woman claiming historic abuse by her stepfather, that the pre 1979 “same roof” rule unlawfully discriminated against the claimant. The landmark case paved way for a proposed change to the archaic legal rule.
As of February 28 the government has laid a statutory instrument before parliament abolishing the “same roof” rule.
What does this mean for you?
If you have suffered abuse by someone at home, you may be eligible to submit a claim for compensation through the Criminal Injuries Compensation Scheme (CICS), providing eligibility requirements are met.
Similarly, if you previously submitted a claim to CICA and been denied compensation, you may be eligible to re-submit, following the rules abolishment.
The rule stood as outdated and perpetuated the ‘myth’ that children were most likely to suffer abuse at the hands of a stranger.
The government’s decision to abolish the rule forms part of an on-going review of the compensation scheme, looking at eligibility for compensation as well as the definition of “violent crime”.
If you, or a loved one, have been affected by physical or sexual abuse, please do not hesitate to contact our team of experienced lawyers who will be happy to speak to you about whether it may be possible to pursue a CICA award.