Rule changes will allow awards to victims of crimes before 1979 who lived with assailant

This article is more than 2 years old

This article is more than 2 years old

A controversial bar on victims of crime receiving financial compensation if they lived in the same home as their attacker will be abolished, the government has announced.

The justice secretary, David Gauke, set out the changes to the “same-roof rule”, which was changed in 1979 but not applied retrospectively, saying that it unfairly meant victims of offences in the past could be denied the compensation their cases merited.

The rule applies to adults and children and states that applicants are not entitled to compensation if they were living with their assailant as members of the same family at the time of the incident.

In addition to abolishing the same-roof rule, the government will begin a wide-ranging review of the criminal injuries compensation scheme. Gauke said that changes were necessary to help those affected by offences including sexual abuse and terrorism.

Officials will assess a number of the scheme’s rules, including a time limit on when applications can be lodged and restrictions on claims from those with criminal records. The review will begin immediately and report back next year.

The Ministry of Justice will also weigh up whether to extend the crimes covered to include grooming.

People who suffer as a result of violent crimes that take place in England, Wales or Scotland can be awarded taxpayer-funded payments of up to £500,000 through the criminal injuries compensation scheme.

Claims can be made in relation to mental or physical injury, sexual or physical abuse, loss of earnings and the death of a close relative.

In 2017-18, the scheme paid out more than £150m.

But ministers have faced calls for an overhaul from MPs and campaigners over claims its rules are outdated and illogical.

Gauke said: “Whilst no amount of compensation can make up for the immense suffering endured by victims of violent crime, it is vital they receive the help and support needed to rebuild their lives.”

He said he wanted to ensure the scheme reflected the “changing nature of crime” and could better support victims, especially of child abuse.

“Over the years we've seen more prosecutions for sexual offences and sadly experienced the horror of terrorism,” he added.

“We need to make sure these victims get the awards they're due so we will be looking to ensure the criteria are appropriate.”

The same-roof rule came under scrutiny in July, when the court of appeal declared it incompatible with human rights laws.

The government is not appealing against the decision, and will bring forward secondary legislation to abolish the rule.

Possible changes to the post-1979 same-roof rule, and previous failed applications, will be considered as part of the new review.

It will also examine:

The scheme's time limit, which requires applications be made by a person over 18 no later than two years after the date of the incident.

A rule that automatically excludes applicants with an unspent conviction that resulted in a specified sentence.

Whether the definition used for a “crime of violence” should be broadened to include sexual exploitative behaviour such as grooming.

The suitability of the scheme in providing support to victims of terrorism.

As well as considering concerns around eligibility rules, the MoJ said the review would look at the “sustainability” of the scheme and the “affordability” of any changes.

The plans are set out in the first ever cross-government victims’ strategy, which will be launched on Monday.

The announcement was welcomed by the chief executive of Barnardo’s, Javed Khan, the chief officer of Victim Support, Diana Fawcett, and the Rape Crisis England and Wales co-chairwomen Dawn Thomas and Dianne Whitfield.

In a joint statement, the three charities said: “As a coalition, we have long campaigned to get justice for victims of child sexual abuse who have lost out due to illogical rules governing the scheme.

“We are glad the Ministry of Justice has listened to our concerns, so victims will at long last get the compensation they so rightly deserve.”