Association of Personal Injury Lawyers
A not-for-profit organisation representing injured people

Laws on bereavement “woefully” out of date

28 Apr 2021
APIL news

A new report published today (28 April) reveals the Government is on the wrong side of popular opinion on compensation for bereaved families.

“There is a postcode lottery when someone is wrongfully killed in the UK. Only a very rigid, prescribed list of relatives qualify for statutory compensation for their untimely loss in England, Wales, and Northern Ireland,” explained Sam Elsby, president of the Association of Personal Injury Lawyers (APIL) a not-for-profit campaign group behind the report Bereavement damages: A dis-United Kingdom.

“Unmarried fathers are ignored by the law if their child is killed, for example” he explained. “Step-parents, parents of adults, brothers, and sisters are also left out. Unmarried partners must have lived together for two years before they qualify for bereavement damages,” he went on.

“The law fails to recognise that people who are single and do not have children are still loved, missed, and grieved for by other relatives. It is woefully discriminatory and out-of-date,” said Mr Elsby.

“England, Wales, and Northern Ireland are trailing behind Scotland on this issue, where the law has no difficulty in recognising the closeness of different relationships.

“The time for reform to drag the rest of the UK into the 21st century is long overdue but ministers continue to resist change,” said Mr Elsby.

Publication of Bereavement damages: A dis-United Kingdom follows a recent increase in support for reform, including from the UK Parliament’s Joint Committee on Human Rights.

Research carried out by YouGov found that:

  • 85 per cent of British adults think a father should still receive compensation, even if he was not married to the mother of his child.
  • 69 per cent of British adults think the fixed statutory sum of bereavement damages in England and Wales (£15,120) is too little compensation.
  • 73 per cent of British adults think the amount of compensation for grief and trauma should vary according to the circumstances of each case.

-ends-

Notes to editors:

  • The Association of Personal Injury Lawyers (APIL) is a not-for-profit campaign group which has been committed to injured people for more than 30 years. Our vision is of a society without needless injury but, when people are injured, they receive the justice they need to rebuild their lives.  We have more than 3,200 members who are committed to supporting the association’s aims, and all are signed up to APIL’s code of conduct and consumer charter.  Membership comprises mostly solicitors, along with barristers, legal executives, paralegals and some academics.
  • If you require any further information please contact APIL's communications manager Jane Hartwell at jane.hartwell@apil.org.uk or call 07541 490988.
  • Visit the APIL website at www.apil.org.uk or follow @APIL on Twitter.

Past press releases

Government must act now on bereavement damages law, 14 May 2021
New leader calls for fairness for injured people , 14 May 2021
New whiplash tariffs "offensive", say lawyers, 23 Apr 2021
Restrictions of rights for Scottish abuse survivors “unfair and unjust”, 10 Mar 2021
Peers urged to protect injured veterans from ‘baseless’ law change, 10 Mar 2021
Severely injured people must not be forced to take risks with compensation, 08 Mar 2021
Brexit decision blocks access to justice, 24 Feb 2021
Rogue electricians risk the lives of Scottish homeowners, 16 Feb 2021

More past press releases

Head of Public Affairs
Lorraine Gwinnutt
0115 943 5400
lorraine.gwinnutt@apil.org.uk

Communications Manager
Jane Hartwell
0115 943 5416
jane.hartwell@apil.org.uk

Press & Communications Officer
Lizzy Fowler
0115 943 5431
lizzy.fowler@apil.org.uk