News and Events

Justice At Last: Why The 'Same Roof' Law Had To Be Abolished

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With the controversial 'Same Roof' rule to be officially abolished, Tilly Bailey & Irvine Law Firm's North East solicitors explain why it is such welcome news.....

We are pleased to announce that the government has brought forward legislation to abolish the Same Roof Rule.

Here at Tilly Bailey and Irvine Law Firm, we have been following the developments and have reported on it numerous times. The final result is very much welcomed news.

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’.

As many would agree this rule discriminated against certain individuals and was grossly unfair. The abolishment of the rule means that more people will be eligible for Criminal Injuries Compensation. The move is also much welcomed by Baroness Newlove, Victims’ Commissioner for England and Wales, who has said that she ‘always felt that the rule was unfair’.

According to the website, the Criminal Injuries Compensation Scheme will be amended so that all victims who were abused by someone they lived with can reapply for compensation, regardless of when the attack took place. Victims who may not have applied for compensation previously, because of this rule, or those who were denied an award, may be eligible for an award.

Victims Minister Edward Argar has stated that they are “….abolishing the out-dated ‘same-roof’ rule so no victim is unfairly denied access to compensation after the trauma they suffered many years ago, simply because they lived with their attacker".

Hopefully with the Same Roof Rule being abolished, all victims of historic abuse will be treated equally.

A wider review of the whole scheme is currently underway and it will consider the eligibility rules, the definition of ‘violent crime’, and the type of injuries that are covered.

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.