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Same Roof Rule

Same Roof Rule Compensation Claims

If you suffered abuse at the hands of somebody you lived with – and that abuse happened between 1964 and October 1 1979 – you are still currently able to apply for compensation through the Criminal Injuries Compensation Authority (CICA).

This route to compensation became available following a change in law in 2018 when the Government scrapped the controversial pre-1979 ‘same roof rule’.

That rule had previously unfairly denied people who suffered abuse at the hands of someone they lived with before October 1 1979 any route to compensation, although people suffering the same kind of abuse after that date were able to seek damages.

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The Same Roof Rule

In some cases, due to this rule, siblings who were abused by the same parent received different compensation outcomes because the incidents took place before and after the 1979 cut-off date.

Recognising this injustice, the Government scrapped the rule in July 2018, as The Court of Appeal declared it to be incompatible with human rights laws.

The CICA did however set a deadline for people to make one of these historic abuse claims, with the cut-off date now fast approaching on June 12, 2021.

After this date, such applications can still be submitted to the CICA however the applicant will need to show that there were exceptional circumstances that prevented them from bringing their claim within the two year period provided.

Such exceptional circumstances include the applicant suffering from a disabling mental injury, provided this can be supported with medical evidence. Unfortunately however, the CICA will not accept lack of knowledge of the ability to claim as an exceptional circumstance. 

Having campaigned and highlighted this long-running injustice – including a case in which our clients were interviewed for the BBC Victoria Derbyshire Show – we were delighted to see the rule scrapped and have helped people secure damages.

Client Stories

Securing damages for a woman abused as a child in her family home by her elder half-brother. The abuse happened when she was aged between seven and nine and it was something she had carried with her for close to 50 years, only speaking out when another female relation alleged the man had abused her too as a child.

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Successfully reapplying to the CICA on behalf of a man who was previously denied the right to claim compensation due to the ‘same roof rule’, following him having been subjected to years of abuse by his father as a child. In this case, this gentleman’s younger siblings’ claims had not been rejected on this basis as their abuse continued after 1979. We secured a damages award of £19,600.

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Our Same Roof Rule Experts

How much will my claim cost?

All same roof rule cases taken on by Hudgell Solicitors are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.

If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.

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FAQs

Who can make a same roof rule compensation claim?

Anyone abused by a person who lived in the same household between the first criminal injuries scheme being launched in 1964 and 1 October 1979. The abuse may have been inflicted by a mother, father, stepparent, grandparent, sibling, another family member, family friend or lodger.

In some cases, compensation can be secured even though a subsequent conviction has not been secured.

My previous claim was rejected, can I make a new one?

Yes. If your application was previously rejected because of the ‘same roof’ rule, or if you were advised not to pursue a case because it would be rejected under the ‘same roof’ rule, we would urge you to contact us.

It is thought thousands of survivors of abuse may have been denied redress.

Indeed, the Government estimated that as many as 4,000 people who had previously been refused compensation could now reapply for damages, with possibly as many as 3,500 new first-time applications.

Have I still got time to start a claim for compensation?

Yes. The deadline is June 12, 2021 and our team of CICA claims specialists will be able to submit claims on your behalf up until that date. After this date applications can still be made, however further evidence will be needed to show why there was a delay in applying.

Obviously, the sooner you get in touch the more time our specialist team will have to gather the relevant details required for your claim.

We are urging people to come forward now and explain their situation so that we can help them either apply for the first time, or re-apply and obtain justice denied to them for more than four decades. If you have tried to claim previously but were refused due to the ‘same roof rule’ you will need to submit a new application. You are not able to ask that an old application be reconsidered.

Whilst we understand that nothing can erase or heal the past, a settlement could help pay for private counselling or therapy you may need.

Do I need a solicitor to make a claim for compensation?

People can apply directly to the CICA but at Hudgell Solicitors we have the knowledge, experience and expertise in this area of law to ensure those we represent secure the maximum damages available in their case.

Given the impending deadline, and the complexity of submitting evidence to ensure your claim is as strong as possible, we feel our lawyers’ expertise is more valuable than ever to clients.

Our team has helped thousands of innocent victims of abuse and assault secure compensation for criminal injuries whilst providing them with the support they need to get their life back on track. /p>

We have also helped many who have applied to the CICA themselves secure higher damages than initially offered to them by reviewing their cases and making extra representations with regards to long term psychological suffering and loss of earnings.

We also have an excellent track record of appealing against the decisions of the CICA to reject cases, and going on to secure compensation for our clients.

"Victims of abusers who took their crimes to the grave without ever being convicted are amongst those who could finally secure legal redress as a"

Michelle Nurse, Trainee Solicitor, Travel Litigation

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