Survivors Of Abuse Under ‘Same Roof’ Rule Can Apply For Compensation From Today

Acknowledging that the same-roof rule was unfair, Victims Minister Edward Argar said: “Whilst no amount of compensation can make up for the immense suffering caused by such appalling crimes, by abolishing the rule we are widening access to much needed support and continue to review the entire scheme so it better supports victims.

“Improving support for victims is at the very heart of this government’s work, and through our Victims Strategy we are determined to improve their experience at every stage of the justice system.”

Gabrielle Shaw, NAPAC’s CEO, said: “We are delighted that the ‘same roof’ rule has been scrapped.  Given that most child abuse happens within the family and children are likely to have had no choice but to live under the same roof as their abuser, this rule was rightly viewed as deeply unfair and punitive.

“It is impossible to measure the damage done by childhood abuse, but for many survivors the impacts affect their health, their adult relationships and their earning potential throughout their lives.”

President of the Law Society of England and Wales Christina Blacklaws said: “This change is a welcome correction to a historical anomaly that was causing significant injustice. We are very pleased the government has made this change, as a result of which more victims of historical child abuse will be able to claim recompense for the traumas they suffered.”

In July 2018 a woman identified only as JT for legal reasons won a landmark Court of Appeal challenge against the “same-roof” rule, with the court judging it to be incompatible with human rights laws. In response to her victory, in September the Ministry of Justice announced it would abolish the rule and examine concerns about the compensation scheme as part of its work on a victims’ strategy.  

JT’s stepfather, who abused her when she was aged between four and 17, was convicted of eight offences, including rape and sexual assault, and jailed for 14 years. But she was refused a pay-out by the CICS, even though another of her stepfather’s victims received compensation.

The case served to rouse hundreds of victims denied compensation under the same roof rule, many of whom will no doubt now re-instigate their claims.

In January this year, Monica Allen celebrated another landmark legal victory after the UK’s Supreme Court cleared her way to claim financial compensation for the injuries she had suffered at the hands of her mother, who tried to murder her twice during her childhood.