13 June 2019: 'Same Roof' Law Finally Abolished
Thursday 13 June 2019 proved a landmark day in the legal sector, as the controversial 'Same Roof Rule' was abolished. Legal advisers at Tilly Bailey & Irvine Law Firm explain more...
At last, new legislation has come into force and the unfair and controversial ‘Same Roof Rule’ was officially abolished on 13th June 2019.
The Same Roof Rule prevented an award being made in respect of a criminal injury ‘sustained before 1st October 1979 if, at the time of the incident giving rise to the injury, the applicant and the assailant were living together as members of the same family’. See Tilly Bailey and Irvine’s previous articles where we discussed this matter in further detail.
The rule created a terrible and significant injustice. Abolishing the rule means that more victims will have access to compensation.
According to the Gov.uk website, a dedicated team has been set up to ‘provide extra support with the claim process, including a named contact to ensure applicants do not have to repeat their traumatic experiences to multiple people’.
Survivors previously denied compensation under the Same Roof Rule will be able to make a fresh application for Criminal Injuries Compensation. Likewise, those who were put off from making a claim previously due to the Same Roof Rule will now also be able to make a claim for compensation. Survivors now have two years to apply for Criminal Injuries Compensation. Applicants must of course still satisfy the other eligibility requirements of the Scheme.
CEO of the National Association for People Abused in Childhood has stated "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".
We could not agree more.
If you have been affected by the Same Roof Rule, please contact ourselves as soon as possible. You can contact Gemma Tunney, from our Stockton-on-Tees office, on 01642 356412. Alternatively, you can contact Adrienne Harris from our Hartlepool office on 01429 405121.