MONICA Allan’s earliest memory, at age five, was of her own mother holding her head under running water until she suffocated.
The girl grew up with a phobia of water, without really understanding why.
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It wasn’t until later in life that Monica discovered that her mother had tried to kill her – not once, but twice.
Monica had a miserable childhood in a foster home. She was abused mentally, physically and sexually.
But against all odds, she survived and became a loving mother herself.
Still, the abuse continued to haunt her and when Monica went to a lawyer, she was told she was not entitled to compensation because of an old rule.
Determined to change the law for herself and thousands of others, Monica launched a legal challenge that was ultimately successful.
Monica, 56, from East Kilbride, said: “For a long time I thought the abuse was normal.
“As a child I thought I had done something wrong and that was why people were so mean to me.
“Only now, with the victory in court, do I feel vindicated. I finally have a voice.
“The court’s ruling means that hundreds, even thousands, of others can now come forward and file a claim.
“It’s about more than money, it’s about being believed.”
Monica’s mother, Betty, was an alcoholic and had a turbulent relationship with Monica’s father, Charlie.
Monica was often left to fend for herself, deprived of proper food and reliant on visits from her maternal grandmother to bring groceries and tidy the flat in East Kilbride where the family lived.
Monica says, “It was all I ever knew, so I just went with it.
“My parents had violent arguments. One night they even smashed a window through the glass.
“But we also had some fun times, I loved watching my mom put on her makeup and do her hair. It was my job to spray the hairspray.
“My father was a singer and I loved sitting on his lap while he sang for all of us.”
When Monica was five, the family went to visit friends one evening. While 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 toilet, but instead she closed the door, turned on the bath taps and pulled my head under the water.
“She squeezed my neck and I was gasping for breath and choking on the water. I thought I was going to die.”
In 1976, Mount was charged with attempted murder and jailed. She had also previously attempted to kill Monica as a baby.
Monica was only bottle-fed from her baby and was placed in foster care where she spent the rest of her childhood.
I struggled with the idea that neither my real family liked me nor loved me. I blamed myself.
Monica Allen
But her ordeal only got worse and she was severely abused, both physically and sexually.
Her new parents imposed 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 connection to home.
“They were so cruel to me.
“I wore second-hand clothes, my shoes were a few sizes too big and I had nothing of my own.
“My foster father would beat me terribly if I didn’t eat my food. I was sick so often because I wasn’t used to solid food, and he would beat me because I was sick.
“I missed my mother and grandmother terribly and I always begged to go home.”
Monica was sexually abused by her foster brother, but kept her mouth shut for fear that no one 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 nor my foster family liked or loved me. I blamed myself.”
WHAT IS THE SAME ROOF RULE?
The so-called “same-robbery” rule blocked victims of violent crimes from receiving compensation if the attacker was a family member with whom they lived at the time of the incident.
The law was amended in 1979 so that future victims would not be prevented from obtaining compensation. However, because the law was not changed retroactively, some victims of crimes that occurred before the law was amended lost their right to compensation.
The reason for this rule was that there were problems with the evidence in such cases and that it was wanted to prevent perpetrators from receiving compensation from the victim with whom they lived.
The rule applies to all victims of abuse by a family member living under the same roof. This applies to both physical and sexual abuse.
Last year, the Court of Appeal ruled that the “same-roof” rule wrongly denied the right to damages to a plaintiff who was abused by her stepfather.
Ministers subsequently pledged to abolish the rule as part of the government’s victims’ strategy launched last year.
The legislation was withdrawn by the Ministry of Justice on Thursday, meaning victims now have two years to claim compensation from the Criminal Injuries Compensation Authority (CICA).
Victims are given a special team to support them and are given a contract with a permanent name, so that they do not have to repeat their traumatic experiences with several people.
Those applying or re-applying for compensation must meet the scheme’s other eligibility criteria to be eligible for an award.
Alone in the world, Monica moved into her own home at the age of 17 and had four children.
Monica loved her children dearly and did everything she could to provide them with a stable home, but she also constantly struggled with demons from her past.
Her parents died and she carried her dark secrets with her for 40 years, until in 2010, haunted by her trauma, she decided to seek justice.
She says: “I tried to piece together things from my past and it wasn’t until I got my social services records that I discovered my mother had tried to kill me twice.
“As a baby, I had no idea about the attack all those years. I was shocked.”
Monica was told she was not eligible for compensation for personal injury due to the ‘same roof’ rule.
Under this rule, crime victims who lived with their attacker were ineligible for benefits.
The law was changed in 1979, but that did not help Monica, because in her case the crime had already occurred earlier.
But Monica refused to be deterred and in 2019 she finally took the British government to the Supreme Court, winning a historic victory that means she – and thousands of others – can now claim compensation.
She has since received compensation for the ordeals she endured in foster care and is now awaiting a settlement for her mother’s abuse.
Glasgow law firm Legal Services Agency assisted Monica with her case.
They argued that it was a violation of human rights that she was not excluded from claiming compensation.
Lawyer Kirsti Nelson said: “The courts have recognised that it is discriminatory to prevent people from claiming compensation under the same roofing rule.
“The government still needs to adjust the criminal injury compensation scheme so that other victims can also file a claim. But in the meantime, Monica can file her claim.”
Monica says, “People no longer have to endure the emotional trauma of being rejected under the same roof rule.
“I thought the rule was wrong. I thought it was quite insulting. My rights were taken away and I found that painful and annoying.
“I am extremely happy to be part of that decision.”
Monica’s book, Abandoned, tells the story of her struggle and is available for purchase on Amazon.
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