Victim Support NI delighted by change to Criminal Injury Compensation law
Victim Support NI welcomes the change to compensation legislation announced today which, with immediate effect, removes the ‘same household’ clause.
This change addresses a great injustice. For too long, victims of sexual or violent abuse who lived in the same household as their attacker between 1 Mar 1969 – 30 June 1988 were denied the right to apply for criminal injuries compensation simply because of the date that abuse took place. This meant that children and adults who were abused by a relative living in the same household during that period were not entitled to apply for compensation for their physical or emotional injuries. This created an inequality in the law whereby victims who experienced the same type of trauma could be granted or denied compensation based on date alone. This legislation has been repeatedly challenged in court, both in England and Wales and more latterly Northern Ireland when a November 2018 Judicial Review judgement effectively overturned the rule, paving the way for this pivotal change.
Victim Support NI has repeatedly challenged the ‘same household’ rule during Department of Justice NI consultations on the Criminal Injuries Compensation Scheme in 2009 and 2014. In our response to the 2014 consultation, we stated that “the ‘living with the offender’ rule must be removed. In our experience of working with victims of sexual abuse, the abuse often happens within the home. It seems particularly unfair that a child who was sexually abused by their father, brother etc. in cases of historic abuse, is not entitled to an award of compensation.”
Victims previously denied compensation due to the same household rule will be allowed to reapply, and the scheme is also open to new applicants who may have been put off making an application due to this rule. Victims must make their applications within 2 years of the date the amendment was passed – 09/06/2020.
Victim Support NI offers a free advice and support service to anyone wishing to apply for Criminal Injuries Compensation. We do not take fees, meaning that victims receive 100% of any award granted. Information about the scheme and FAQ relating to applications can be found at https://www.victimsupportni.com/help-for-victims/compensation/
Geraldine Hanna, Victim Support NI CEO said “I am delighted that this discriminatory clause in the Northern Irish Criminal Injuries Compensation Scheme has finally been removed. It has caused unimaginable hurt and pain to victims of abuse. Children do not have a choice over where they live – they cannot remove themselves from the home and live independently in order to escape the abuse. By remaining in the household they were not consenting to the abuse they experienced– they simply had no other choice. This abuse will have affected them throughout their lives. Adult victims may also not have had the option to leave the household; due to caring responsibilities, or simply because they had nowhere else to go.
We would encourage anyone who believes they may be eligible for this compensation to contact us for independent information and support. We thank all those who have long campaigned for this change, in particular the victims whose successful legal challenges in 2018 led to the abolition of this rule.
ENDS
Notes:
The NI Criminal Injuries Compensation Scheme (2009) awards damages to victims of violent crime. Victims must provide medical evidence of their injuries and damages are awarded according to a set tariff scheme. The scheme is administered by Compensation Services for the Department of Justice NI.
Victim Support NI supports eligible victims to apply for Criminal Injuries Compensation. This support ranges from assistance with the application form, to representation at tribunal hearings and appeals. The service is delivered by trained staff and volunteers. In the year 2019-20 we supported 47% of all applicants to the scheme.
Victim Support NI believes that the experience of a victim can be so painful and distressing that no amount of money can compensate for this. However, we recognise that criminal injuries compensation plays an important role in terms of recognition, validation and support.