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“Same Roof” Compensation: Abolition of Rule Means Victims Can Now Claim

The “same-roof rule” was an English law that victims of domestic abuse were not entitled to any compensation if they lived with the perpetrator of their abuse prior to 1979. The rule was successfully challenged in the Court of Appeal in 2018 and now victims can claim compensation.

It has been a long established rule that victims of violent and sexual offences can claim compensation from the Criminal Injuries Compensation Board.  This is a process where the Government compensate victims of crime financially.

How to Make A Same Roof Compensation Claim

There are various criteria that need to be satisfied before a claim will be successful, but up until this “same – roof rule” was successfully challenged in the Court of Appeal in 2018, it meant that victims of domestic abuse could not claim compensation if they lived in the same property or home as their attacker before 1979, where others subject to the same crime would be entitled to damages. 

The change began when a woman, known as “J T” overturned the rule at the Court of Appeal when Judges ruled that it was incompatible with Human Rights Law. 

The Appeal was heard by Lord Justice Leggatt, Sir Terence Everton and Lady Justice Sharp.  The circumstances were viewed as unfair because many of the victims were children who had no choice but to live with their attacker.  The Government officially abolished the rule after a review of the Criminal Injuries Compensation Scheme. This is a welcome development.

If you need assistance, advice or help in relation to any of these circumstances, find out how our family law solicitors can help.

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