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PE01612: Criminal Injuries Compensation Scheme - Change to the "same roof rule."


Petitioner: Graham McKinlay


Date Lodged: 29 July 2016

Calling on the Scottish Government, as a key stakeholder in Criminal Injuries Compenstion Authority, to seek a change in the rules for compensation claims arising from incidents in Scotland and remove the bar to claims in respect of victims of childhood sexual abuse who are currently denied compensation by the CICA under the so called "same roof rule." Alternatively I would ask that the Scottish Parliament create a separate mechanism to ensure that individuals in Scotland who are currently unable to claim under the present Criminal Injuries Compensation Scheme are fairly compensated for their injuries.

Petition History:


10 November 2016: The Committee took evidence from Graham McKinlay. The Committee agreed to write to the Scottish Government, the Criminal Injuries Compensation Authority, and relevant stakeholder organisations including the Survivors Trust and Victim Support Scotland. Link to Official Report 10 November 2016

2 Feburary 2017: The Committee agreed to write to the Cabinet Secretary for Justice. Link to Official Report 2 February 2017

15 June 2017: The Committee agreed to close the petition under Standing Orders Rule 15.7 on the basis that the Scottish Government has explained its rationale for not establishing a separate compensation scheme but that the petition has informed and shaped the debate on this issue, and that the petitioner has welcomed the fact that matters raised have been taken into account and considers that progress has been made through the Limitation (Childhood Abuse) (Scotland) Bill. Link to the Official Report 15 June 2017

Written Submissions: 

Comments (0)

The denial of compensation to victims of childhood sexual abuse via the Criminal Injuries Compensation Authority under the so called "same roof rule" is grossly unfair. This rule states that compensation cannot be paid to a victim prior to October 1979 - where the victim was living under the same roof as the offender at the time of the incident, and that a person is elegible for an award under the scheme only in relation to a criminal injury sustained on or after 1 August 1964. This rule was drafted too widely preventing abused children, who no longer live under the same roof as the abuser, from claiming compensation. Surely this was never the intention. It is both absurd and wrong that, e.g. of three sisters who have been abused by a family member, one may not receive any compensation if the offence occurs between these dates, whilst the other two can claim compensation. It is surely time that this rule be removed for once and for all to allow all victims of childhood sexual abuse to receive fair and equal compensation. Society is based on the rule of law. It is therefore essential that ALL citizens have FAIR and Equal to Justice.

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