Ministry of Justice review results in no change to eligibility for bereavement damages

Families and their legal representatives were disappointed this week when the Ministry of Justice’s review of bereavement damages resulted in no change to eligibility or value.

General current information provided by the Government states that bereavement damages may be claimed only by the spouse/partner of the deceased or, in the case of a minor, their parents. The reality is far more limiting, with strict rules in place regarding who is and is not eligible for a bereavement award. The current value of a bereavement award is £15,120.

The current legislation entitles you to a bereavement award if you are:

• the spouse of the Deceased or partner of the Deceased
• the partner of the Deceased having lived together (cohabited) for two or more years
• the parents, where the child is a “legitimate minor” (where the parents were married at the time the child was conceived or born)
• the mother, where the child is “not a legitimate minor” (where the parents were not married at the time the child was conceived or born).

Following the death of a loved one, families in England and Wales are often shocked to learn that they are not eligible to claim bereavement damages, as the current legislation is extremely restrictive. Those currently excluded include unmarried fathers of minors, parents of adult children and children (those under and over the age of 18) who have lost a parent. The law in Scotland is quite different, with the close relationships of non-traditional families being recognised and reflected in the wider range of individuals who would be eligible to claim a bereavement award.

The Ministry of Justice has recently reviewed the eligibility criteria for individuals to receive bereavement damages and has concluded that the existing legal framework is considered to be a “reasonable, proportionate and practical approach”. The Ministry’s concerns lie in the fact that extending the criteria to include the currently excluded groups may require enquiries into the nature of the relationship of individual cases, which could be considered to be upsetting and intrusive.

Despite this recent response from the Ministry of Justice, APIL (Association of Personal Injury Lawyers) are continuing their long-standing campaign for fair and reasonable eligibility for bereavement awards for England and Wales.

Source: Fairness for bereaved families

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