Draft Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019

Catherine West Excerpts

Tuesday 14th May 2019 General Committees

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I beg to move,

That the Committee has considered the draft Criminal Injuries Compensation Scheme 2012 (Amendment) Instrument 2019.

The purpose of the amended scheme is to remove what we consider to be a discriminatory eligibility rule, and to provide a potential remedy to some victims of violent crime who have been affected by its application. It is right that we are seeking to make these changes expeditiously. I am grateful for the strong support on both sides of the House for what we seek to do, in particular from the shadow Minister. I am sure she will wish to shade into broader issues in her remarks.

Our knowledge and understanding of domestic violence and sexual abuse of children is far greater today than it was when the rule was introduced. It is not acceptable that a rule originally intended to stop perpetrators from benefiting financially from causing harm to people they lived with has unfairly denied victims acknowledgment of that harm and access to compensation for their injuries. All cases of sexual and physical abuse by a family member in the family home involve a grave abuse of trust, but the rule has operated in a way that has denied eligibility for compensation on the basis of victims being in a situation over which they had no or limited control and could not necessarily change.

The circumstances that have given rise to the need for this instrument are exceptional. It is fitting that Parliament is breaking new ground in meeting that need. For the first time, Parliament is invited to approve an amendment to part of the existing statutory scheme. Hon. Members will be aware that we have committed to bring forward a consultation later this year on the overall scheme, offering them and others the opportunity to comment more widely.

A commitment to abolish the pre-1979 “same roof” rule was announced in the “Victims Strategy” published on 10 September 2018. Today, with cross-party support I hope, we deliver on that commitment. Under the rule, applicants were not entitled to compensation if they lived with their assailant as members of the same family at the time of the incident. The rule applied to cases between 1964 and 1979, and affected victims who were adults or children at the time of the incident and claims for injuries from physical or sexual assault.

The amended scheme strikes out paragraph 19 of the 2012 scheme. That will enable victims of violent crimes who may not have applied due to the rule, or those who may not have been aware of the scheme, to consider applying. However, we have gone further in recognition of the unfairness attached to the application of the rule for more than 50 years. We have made provision in new paragraph 18A for past claimants who were refused on the grounds covered by the rule to make new applications.

We have also taken steps to avoid creating a new potentially discriminatory position whereby claimants who were adults at the time of one incident are treated more favourably if the incident happened before 1 October 1979. We have extended the post-1979 “same roof” rule of paragraph 20 of the 2012 scheme to a start date of 1964, to provide consistency in how the rule applies to all applicants who were adults at the time of an incident. The rule will be considered in the comprehensive review of the scheme that we announced in the “Victims Strategy” and to which I just referred. A public consultation on potential reforms to that overall scheme will take place later this year.

Requirements, eligibility rules, criteria and values of awards have changed over time. Members will recognise the importance of a fair and proportionate approach for all applicants, whether they are making a new first application or are reapplying following a past refusal on the grounds of the pre-1979 “same roof” rule. We have sought to enable as many of those victims affected by the rule as possible to consider and take up the opportunity to apply.

As I mentioned, this is the first time we are making changes to parts of an existing scheme and, uniquely, we are applying changes to past applicants. The complexity, therefore, of assessing applications made so long ago will be significant. Administratively, it will be challenging for the Criminal Injuries Compensation Authority to assess and determine claims to the non-statutory or statutory scheme that was applied to previously, or to which a victim could have applied at the time had the rule not existed. We have addressed that by providing that new first applications or reapplications following a past refusal under the pre-1979 “same roof” rule should be made to the 2012 scheme—the existing scheme—and amending the scheme to that effect. We believe that that ensures equality of opportunity.

We have set a time limit for new applicants and past applicants who are reapplying that we believe is fair and consistent. They must submit their claim within two years, as applies to current claims under the scheme, beginning from the date on which the amended scheme comes into effect. We have retained the discretion in the 2012 scheme to extend the time limit where, owing to exceptional circumstances, an application could not be made within that timescale, thereby again ensuring consistency.

Placing a time limit on applications will help us to manage the significant financial liability potentially attached to the changes and to forecast the financial repercussions more effectively. However, where a victim meets all the relevant eligibility criteria under the amended scheme, an award will be made. I recognise that there may be challenges in meeting the evidential threshold required for a compensation award, and it is right to state that a successful outcome to a claim cannot be guaranteed, as they will all be considered appropriately in line with the scheme’s rules.

The changes to the scheme are designed to level the playing field for applicants to the amended scheme. All eligibility criteria in the 2012 scheme must be met. Cases will be assessed on their merits, and the authority will make appropriate inquiries with the applicant and relevant authorities as sensitively and as quickly as possible. All the circumstances of the claim must be considered as a whole to determine whether there is sufficient evidence on the balance of probabilities to support it.

The safeguards in the 2012 scheme will apply to decisions of the authority on an application. They include review by another officer in the authority and, if the applicant remains dissatisfied, the right of appeal to the first-tier tribunal. We intend to monitor carefully the operation of the amendments once they are implemented. It is important that we assess the impact of the changes in meeting our intention to offer an opportunity for redress for the unfairness under the existing 1979 “same roof” rule. We recognise that there is a challenge in raising awareness of the scheme—a point that appertains to the two-year time limit, which is the same limit as applies for other applications under the scheme—and we are looking at that more generally in our review of the scheme.

Given that her term comes to an end imminently, I wish to put on record my gratitude to Baroness Newlove, the Victims’ Commissioner, not only for her work in that role but specifically for her review into criminal injuries compensation. She has been a tireless advocate for the rights of victims of crime and for their voice to be heard. It has been a great pleasure and privilege to work with her in the role for the past 11 months. I am sure that all Members wish to put that on the record. I look forward to working with her successor, Dame Vera Baird, who will be known to many in this House. She will be an equally passionate advocate for the rights of victims.

In relation to the changes that we are introducing, work has begun to engage with external stakeholders on how to ensure that potential applicants are signposted to guidance and support in making a claim. We recognise that making claims to the amended scheme may prove difficult for some applicants, and the authority has made specific preparations to implement it. A small dedicated team has been set up, ready to support people making applications by phone or online.

[Catherine West (Hornsey and Wood Green) (Lab)]

I simply wish to commend the choice of Vera Baird as the champion. She has done excellent work over many years, particularly on violence against women, both in a legal capacity and in the community.

[Edward Argar]

I am grateful to the hon. Lady for her words. We were clear that we wanted the best person for the job. This is not about party politics or anything else. We wanted someone who would do an excellent job and, crucially, carry with them the trust of stakeholders, be they victims or organisations. It is fair to say that Dame Vera has that in spades.

Applicants will be given a named contact to assist them through the application process. The amended scheme and the Government’s intent are clear. The changes we are making are necessary, fair, reasonable and, I would argue, urgent. I commend the amended scheme to the Committee.