The latest (embargoed) Government announcement regarding compensation for the infected blood scandal confirms that applications are now open for £100k interim payments to some of the estates of victims whose deaths have not yet been recognised (previously only surviving victims and some widows on support schemes have been entitled to interim payments).

Des Collins, Senior Partner of Collins Solicitors (and legal adviser to some 2000 victims and families involved in the infected blood scandal) has the following comment:

“Whilst the Government is keen to stress that this is the first time this group will be compensated and that it expects to make payments by the end of the year thus fulfilling its obligations under the Victims & Prisoners Act, this statement is somewhat disingenuous and there are many concerns which remain unresolved.

“This sweeping announcement belies the fiendishly complicated system that many victims will now encounter. According to the Regulations, approved by both Houses this week, applications will only be accepted if the personal representative of an estate already has a grant of representation (Probate or Letter of Administration). Most of those personal representatives with a grant will, in any event, need dedicated legal support to navigate the complexities of probate which include their own legal obligations to the beneficiaries and any mistakes for which they may be personally liable. Personal representatives have a legal obligation to distribute an estate in accordance with the will or the rigid intestacy rules and those Rules have not changed.

For those who may be able to apply for a grant, simple applications usually take several months to get through the Probate Office and more complex applications significantly longer.

A more significant issue, however, is the number of estates (many of which are more than 30 years old) where no grant was obtained (often because there were no assets), or where the original personal representatives have long since died, or are no longer in practice, or are now unable to take on the responsibility. Unfortunately, it is still not clear whether and/or how independent legal and financial assistance will be provided, despite the Government’s acceptance of both Sir Brian and Sir Robert’s recommendations. This simply adds insult to injury and causes significant and unnecessary distress to an already traumatised community.

“We believe our affected clients will go from elation to bitter disappointment when they realise the practical steps involved. Their struggle for financial recognition and justice will go on, despite the Government claiming that long-promised compensation is now a reality.”

ENDS

To speak to Des Collins or in the event of questions please contact:

Louise Beeson:louise@bell-yard.com / Mob: 07768 956997
Melanie Riley: melanie@bell-yard.com / Mob: 07775 591244

Notes to Editors:

The Infected Blood Inquiry, chaired by Sir Brian Langstaff, was the UK’s largest ever statutory inquiry. It began in July 2018 to examine the circumstances in which patients treated by the NHS in the 1970s and 80s became infected with HIV and Hepatitis due to treatment involving infected blood products. The Inquiry Final Report was published on 20 May 2024.