Rules of compensation for victims of crime must be reviewed, orders justice secretary

Controversial bar on financial awards to victims if they lived in the same home as their attacker before 1979 will also be abolished

David 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' (AFP)

The justice secretary has ordered a full review of the Criminal Injuries Compensation scheme after critics warned some victims are unfairly denied payouts.

David Gauke said the move was necessary to ensure those affected by offences including sexual abuse and terrorism get the awards they are due.

Officials will assess a number of the scheme’s rules, including a time limit on when applications must be lodged and restrictions on claims from those with criminal records.

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

In addition to the review, which will start immediately and report back next year, the government also announced that a controversial bar on financial awards to victims if they lived in the same home as their attacker before 1979 will be abolished.

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But ministers have faced calls for an overhaul from MPs and campaigners over claims its rules are outdated and illogical.

Mr 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.

“Today I’m announcing that we will review the Criminal Injuries Compensation scheme to ensure it reflects the changing nature of crime and can better support victims, especially of historic and current child abuse.

“Over the years we’ve seen more prosecutions for sexual offences and sadly experienced the horror of terrorism.

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

He said the pre-1979 “same roof rule”, which unfairly blocked some victims from compensation, will be scrapped.

The rule was part of the original compensation scheme introduced in 1964.

It 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 July, the Court of Appeal declared that the rule is 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 the age of 18 no later than two years after the date of the incident;
• A rule that automatically excludes applicants with an unspent conviction which 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 Ministry of Justice said the review will 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 Barnardo’s chief executive Javed Khan, victim support chief officer Diana Fawcett, and rape crisis co-chairs Dawn Thomas and Dianne Whitfield.

In a joint statement, they 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.”

PA