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Alasdair Wannan discusses two recent developments which may assist victims of historic abuse to pursue claims for compensation

There have been two recent developments which may help victims of historic abuse to seek compensation for their pain and suffering. 

Criminal Injuries Compensation (CIC)

Until recently anyone who had suffered abuse between 1st. August 1964 and 30th. September 1979 were denied compensation where the victim had lived with the abuser as part of a family (the one roof rule). The main reason behind this rule was to prevent the abuser from benefitting financially from the abuse.

However, the Courts have now decided that the one roof rule is a breach of the victim’s human rights and so is no longer lawful, as was determined in a recent case.

This ruling means that anyone who was abused during the above period and denied compensation because of the one roof rule can now apply for compensation.

Time Limit for Claiming

Normally there is a two-year time limit. However, in the circumstances, late applications would be accepted, but an application should be made as soon as possible, and that any delay in applying might prejudice the right to compensation. 

Government Scheme

The Scottish Government is in the process of introducing a scheme to provide financial redress to victims of historic abuse which predates September 1964.  Once the scheme has been drafted and introduced any victims of abuse before then whether it was physical or sexual can apply for redress. It is not yet clear how much compensation will be on offer and how an application shall be made. We will post updates on our website about that. 

We have a specialist team which deals with historic abuse claims with over 30 years experience of doing so.  If you think that you may have a claim, please contact us to discuss the matter on {{CONTACT_FORM}} or complete our online enquiry form and a member of our specialist team will get back to you right away.

 

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