MONICA Allan’s earliest memory, aged five, was of her own mother holding her head under running water, until she choked.
The little girl grew up with a phobia of water, without really understanding why.
Monica Allan survived her mother’s two attempts to murder her[/caption]
It was not until later in life that Monica learned her mother had tried to kill her – not once, but twice.
Monica endured a miserable childhood in foster care, where she was abused mentally, physically and sexually.
But against the odds she survived to become a loving mother herself.
Yet the abuse played on her mind, and when Monica saw a solicitor, she was informed that she was not entitled to compensation because of an ancient rule.
Determined to change the law for herself, and for thousands of others, Monica launched a legal challenge which was ultimately successful.
Monica, 56, from East Kilbride, says: “For so long, I thought the abuse was normal.
“As a child, I thought I’d done something wrong and that was why people were being so mean to me.
“It’s only now, with the court victory, that I feel vindicated. I have a voice at last.
“The court decision means that hundreds, even thousands, of others can now come forward and claim.
“It’s about more than money, it’s about being believed.”
Monica’s mother, Betty, was an alcoholic who had a turbulent relationship with Monica’s dad, Charlie.
Monica was often left to fend for herself, going without proper meals, and relying on visits from her maternal grandmother to bring shopping and tidy the flat in East Kilbride where the family lived.
Monica says: “It was all I had ever known, and so I just got on with it.
“My parents had violent rows, there was one night where they put a pane of glass through.
“But we had happy times too, I loved watching my Mum put on her make-up and do her hair. It was my job to spray the hairspray.
“My Dad was a singer and I loved sitting on his knee whilst he sang to us all.”
When Monica was five, the family went to visit friends for the evening. Whilst they were there, Betty tried to strangle her daughter under the bath taps.
Monica says: “My mother took me to the bathroom to use the loo but instead she closed the door, switched on the bath taps, and dragged my head underneath the water.
“She was squeezing my neck and I was gasping for breath and choking on the water, I thought I was dying.”
In 1976, Mount was charged with attempted murder and jailed. She had earlier tried to kill Monica as a baby also.
Taking nothing more than a baby’s bottle, Monica was moved to emergency foster care where she remained for the rest of her childhood.
I struggled with the idea that neither my real family liked or loved me. I blamed myself.
Monica Allan
But her ordeal simply grew worse and she suffered severe physical and sexual abuse.
Her new parents ran a brutal regime. To the outside world, the family was devoutly religious and respectable, but behind closed doors, Monica was physically and sexually abused.
Monica says: “The first thing they did when I arrived was throw my bottle in the bin – it was my only link with home.
“They were so cruel to me.
“I wore second hand clothes, my shoes were several sizes too big, and I had nothing of my own.
“My foster father doled out vicious beatings if I didn’t finish my meals. I was sick so much of the time because I wasn’t used to solid food, and he’d beat me for being sick.
“I really missed my mother and my grandmother and I used to beg to be allowed to go home.”
Monica was sexually abused by her foster sibling but kept quiet, fearing nobody would take her side.
She says: “By now, I had lost all sense of myself. I thought I didn’t matter.
“I struggled with the idea that neither my real family or my foster family liked or loved me. I blamed myself.”
WHAT IS THE SAME ROOF RULE?
THE so-called ‘same roof’ rule, blocked victims of violent crime from receiving compensation if the attacker was a family member they were living with at the time of the incident.
It was amended in 1979 to not prevent future victims accessing compensation but as it was not made retrospectively, some victims of crimes which occurred before the law change missed out on compensation.
The reasons for the rule was because of difficulties with evidence in such cases, and a wish to ensure that offenders did not benefit from compensation paid to the victim who they were living with.
The rule applies to all victims of abuse inflicted by a family member living under the same roof – including physical as well as sexual abuse.
Last year, the Court of Appeal decided that the ‘same-roof’ rule had unfairly denied a claimant who was abused by her stepfather the right to compensation.
Ministers then vowed to remove the rule as part of the Government’s Victims Strategy launched last year.
On Thursday, the legislation was scrapped by the Ministry of Justice – meaning victims will now have two years to apply to the Criminal Injuries Compensation Authority (CICA) for compensation.
Victims will be provided with a dedicated team offering support and will have a named contract to ensure they do not have to repeat their traumatic experiences to multiple people.
Those applying or reapplying for compensation will have to meet the Scheme’s other eligibility criteria to be made an award
Alone in the world, Monica moved into her own home aged 17 and went on to have four children.
Monica dearly loved her children and worked hard to provide a stable home, but battled constantly with demons from her past.
Her parents passed away and she carried her dark secrets around for 40 years until in 2010, haunted by her trauma, she finally decided to seek justice.
She says: “I tried to piece things together from my past and it was only when I got my social services records that I discovered my mother had tried to kill me twice.
“I’d had no idea about the attack as a baby, all those years. I was shell shocked.”
Monica was told she couldn’t claim criminal injuries compensation because of the “same roof” rule.
Under the rule, victims of crimes who lived with their attacker were not eligible for payouts.
The law was changed in 1979 but that didn’t help Monica because in her case, the crime happened before then.
But Monica refused to be stonewalled and in 2019 she finally took the UK Government to the Supreme Court and won a landmark victory, which means she – and thousands of others – can now claim compensation.
She has now been awarded compensation for her ordeal in foster care and is awaiting a settlement in respect of the abuse by her mother.
Glasgow-based law firm Legal Services Agency helped Monica fight her case.
They argued that it was unlawful on human rights grounds for her not to be barred from claiming compensation.
Solicitor Kirsti Nelson said: “The courts have recognised that it is discriminatory to prevent people from claiming compensation because of the same roof rule.
“The Government still needs to amend the Criminal Injuries Compensation scheme to allow other victims to claim, but in the meantime, Monica is going to be able to progress her claim.”
Monica says: “People won’t have to go through the emotional trauma of being knocked back under the same roof rule.
“I felt the rule was wrong. I found it quite offensive. My right was taken away and I found that distressing and upsetting.
“I am over the moon to be part of that decision.”
Monica’s book, Abandoned, tells the story of her battle, and is available to buy from Amazon.
