Abusive ex-partners of victims of the UK’s biggest health scandal could be handed thousands of pounds in compensation even if they have a conviction – and the government has admitted it has no power to stop it.
Under new legislation rolled out in March, partners, siblings, children and parents of the 30,000 people infected with HIV or hepatitis C during the 1970s and 80s can apply for Infected Blood Scandal compensation in their own right as an “affected person”.
Campaigner Jackie Britton flagged her concerns to the government that there was nothing to stop domestic abusers applying to claim, which in some cases could see people handed up to £86,000.
She was shocked to be told that while they shared her concerns, there was “no provision” to exclude them due to a loophole in the law. It added it had looked to prevent those with relevant convictions, but could find no practical way of doing so.
Domestic abuse campaigners said they were “alarmed” by the issue, which they said allowed perpetrators opportunity to further exploit their victims.
A letter from the Cabinet Office to Ms Britton, seen by The Independent, confirmed the government’s hands are tied. It read: “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.”
Ms Britton has called for the government to ensure each claim is stringently reviewed. The 62-year-old from Fareham, Hampshire, was diagnosed with hepatitis C in 2010 after four decades of ill health, and has been left with liver cirrhosis, which requires regular check-ups.
“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?” she said.
Rachel Buckley, joint managing director at The Family Law Company, said compensation under the scheme would likely be treated in the same way as a personal injury compensation award.
She said even in cases involving domestic abuse, it would be be considered “inequitable” to disregard a person’s entitlement to claim.
“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,” she said.
Sophie Francis-Cansfield, Head of Policy at Women’s Aid, said: “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.
“Instead of having a system that support survivors of abuse, who have also had to deal with the devastating impact of the blood scandal, we have created one that perpetrators can exploit to inflict further harm.”
A spokesperson for the Infected Blood Compensation Authority said it was recruiting 500 claim managers to support those making claims and 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,” they added.
A Government spokesperson said it acknowledged the concerns raised and the minister for the Cabinet Office had met victims in this position.
“We are committed to delivering compensation which is why £11.8bn was set aside in the Budget for this purpose. The Infected Blood Compensation Authority is working to deliver compensation as quickly as possible.”
