The UK government has acknowledged a legal loophole that could allow abusive ex-partners of victims involved in the country's largest health scandal to receive compensation payments, even if these individuals hold criminal convictions. This revelation comes amid the rollout of new legislation in March allowing family members—including partners, siblings, children, and parents—of the approximately 30,000 people infected with HIV or hepatitis C through contaminated blood products in the 1970s and 80s to claim compensation as “affected persons.”
Campaigner Jackie Britton, who was diagnosed with hepatitis C in 2010 and has since been living with liver cirrhosis, raised concerns that domestic abusers might exploit the compensation scheme to claim up to £86,000. She expressed disbelief when the government admitted it had no legal provision to exclude such individuals. Ms Britton told The Independent, “Why should they get a free pass to claim thousands under the heading of ‘affected’ when many of them played no positive part in the lives of those that were infected?”
A letter from the Cabinet Office to Ms Britton, seen by The Independent, confirmed the government's position. It stated: “The minister for the Cabinet Office shares the concerns that you and others have raised on abusive family members. That is not the loving and caring relationship upon which the claim of the affected to compensation is based. The government has considered options for how it could provide IBCA (Infected Blood Scandal Authority) with the ability to take this into account in assessing affected claims. Unfortunately it has not found a way of doing this in law.”
The letter continued: “I am afraid there will be no provision to exclude abusive family members in the upcoming regulations. The minister has however written to the interim chair of the IBCA to emphasise the importance of protecting vulnerable applicants to the compensation service, particularly those who have suffered domestic abuse and other serious harm. This includes making sure that claims managers are properly trained to spot the signs of domestic abuse and embedding the necessary procedures to raise safeguarding concerns within the organisation.”
The issue has drawn concern from domestic abuse campaigners, who fear the scheme could provide perpetrators with an opportunity to further exploit their victims. Sophie Francis-Cansfield, Head of Policy at Women’s Aid, commented, “Women’s Aid are alarmed to learn that because compensation is viewed as a marital asset, there are circumstances in which perpetrators of domestic abuse are entitled to the funds awarded to their ex-partners. This is yet another example of the way in which our society is not set up to support survivors of domestic abuse, despite the fact that 1 in 4 women will experience it in their lifetime.”
Further legal insight was provided by Rachel Buckley, joint managing director at The Family Law Company, who noted that compensation under the scheme would likely be treated similarly to personal injury compensation in family law. She stated, “Many family law professionals including the Family Law Company agree that there needs to be change and there is growing recognition of the impact of domestic abuse, including coercive control on divorce and finances matters, but the law has yet to fully evolve to reflect this.” Ms Britton’s own compensation payment had been considered during divorce proceedings as a marital asset, highlighting the complex intersection of this compensation scheme with family law.
The Infected Blood Compensation Authority (IBCA) is actively recruiting 500 claim managers to handle incoming claims and ensure proper safeguarding for vulnerable applicants. A spokesperson said, “All were trained on the safeguarding of vulnerable people and trauma. We are working closely with partners such as the National Domestic Violence Helpline and Respect Men to ensure support is in place for anyone who shows signs of abuse or raises a concern to their claim manager.”
Responding to the concerns, a Government spokesperson reaffirmed its commitment to delivering compensation, highlighting that £11.8 billion had been allocated in the Budget to fund the payments. The spokesperson noted that the Minister for the Cabinet Office had engaged directly with victims facing challenges due to abusive partners within the compensation process, emphasizing efforts to expedite the delivery of payments.
This development sheds light on ongoing complexities in addressing the aftermath of the contaminated blood scandal, first revealed decades after patients were infected with tainted blood products supplied by the National Health Service. With thousands of victims and their families seeking redress, the issue underscores the intricate legal and social challenges facing compensation frameworks designed to support afflicted individuals and their loved ones.
Source: Noah Wire Services