Legal action
Should those who suffer abuse as children by those they live with be excluded from Government compensation?
Published: 3 October 2022
Last updated: 3 October 2022
What countries does this apply to?
Case details
| Protected Characteristic | Age, Sex |
|---|---|
| Types of equality claim | Other |
| Court or tribunal | Court of Appeal (Civil) |
| Decision has to be followed in | England, Wales |
| Law applies in | England, Scotland, Wales |
| Case state | Concluded |
| Our involvement | Intervention (section 30 of the Equality Act 2006) |
| Outcome | Judgment |
| Areas of life | Justice and personal security |
| Human Rights law | Article 14: Protection from discrimination in respect of these rights and freedoms, Protocol 1, Article 1: Right to peaceful enjoyment of your property |
Case name: JT v First Tier Tribunal
JT was denied compensation from the Criminal Injuries Compensation Authority for injuries that she sustained as a victim of sexual abuse committed by her step-father before October 1, 1979 when she was living under the same roof as him (the “same roof rule”). JT’s relative, who similarly applied for compensation, was awarded compensation of £1,000 for injuries suffered as a result of two indecent assaults by JT’s step-father as she did not live in the same household. JT appealed this decision to the High Court and now to the Court of Appeal.
Legal issue
Is the “same roof” rule (which operates to deny direct victims of violent crime in England, Wales and Scotland with Government compensation) discriminatory?
Why we were involved
We work to ensure people can access justice - to ensure people can access redress when they are wronged.
What we did
We intervened in this case under section 30 of the Equality Act 2006.
What happened
The CoA held that the “same roof” rule under the Criminal Injuries Compensation Scheme (Scheme) 2012 - a statutory Scheme which compensates victims of criminal violence where certain eligibility requirements are met – was discriminatory under Article 1 Protocol 1 and Article 14 of the ECHR in respect of child abuse victims. The same roof rule prevents compensation if at the time of the injury the victim lived under the same roof as her assailant “as members of the same family”. It applies to all injury occurring before 1 October 1979 and after 1 August 1964.
Who will benefit
The impact of the case is that the policy will no longer be applicable to affected victims of child abuse and as such, it will not prevent them from receiving compensation from the Criminal Injuries Compensation Scheme, when other criteria is satisfied.
Date of hearing
Page updates
Published:
3 October 2022
Last updated:
3 October 2022
