Contaminated Blood

Contaminated Blood

INFECTED BLOOD INQUIRY

The Government established the Inquiry in 2017, a decision I wholeheartedly supported as thousands of people who expected treatment in our world-class NHS were failed. This is a scandal that never should have happened. The Terms of Reference for the Inquiry are incredibly vast and will cover why patients were given contaminated products; the family impact this has had; how the authorities and the Government has continued to respond; the support available; and whether there was any form of cover-up.

This Inquiry is judge-led by Sir Brian Longstaff QC and has an Expert Panel with over 1,300 members, including victims of the scandal. This Inquiry will confront the injustices and unfairness that victims have faced and will demand the answers that they deserve. I look forward to its final report and Ministers will provide updates to the House as this work progresses.

READ MORE:

  • Interim Report
  • How to take part in the Inquiry
  • Psychological support provided by the Inquiry- The wellbeing of people participating in the Inquiry is extremely important to the Chair, Sir Brian Langstaff. The Inquiry is funding a confidential support service for anyone affected by treatment with infected blood or blood products. This is run by a team from the British Red Cross who have been working with the Inquiry since September 2018. You can contact the confidential support service directly by calling 0800 458 9473 or 0203 417 0280 at these times: Monday between 11am and 1pm, Wednesday between 7pm and 9pm, Friday between 2pm and 4pm. You can also leave a message at another time and the team will call you back as soon as possible, and on the same day where that is practical. When returning calls their number will appear as a private or withheld number. 

 

COMPENSATION

May 2024 - Publication of Final Inquiry

Sir Brian Langstaff’s Report finds a catalogue of systemic, collective and individual failures and I welcome the huge amount of work he has done to make sure people get the answers they rightly deserve. I know the whole Government recognises the suffering of all victims and the distress and trauma people have wrongly continually faced because of this tragedy. I welcome the Prime Minister’s acknowledgement that what took place in this scandal was a complete failure of the British state that should and could have been avoided and I welcome his apology on behalf of this and every Government stretching back to the 1970s. I also want to say that I personally am truly sorry how this has affected so many people.

I am pleased to confirm that following the publication of the Final Report that whilst no measures can or will ever fully compensate for the losses and hardships suffered, the Government is now going to provide significant financial compensation for this scandal. Ministers are now establishing the Infected Blood Compensation Authority to deliver this and I welcome the appointment of Sir Robert Francis KC as the interim chair of the organisation. The experience and care that Sir Robert has shown in this area will ensure that the scheme is credible and trusted.

To be clear, if you have been directly or indirectly infected by NHS blood, blood products or tissue contaminated with HIV or hepatitis C or have developed a chronic infection from blood contaminated with hepatitis B, you will be eligible to claim compensation under the scheme. Where an infected person has sadly died but would have been eligible under those criteria, compensation will be paid to their estate. This will include where a person was infected with hepatitis B and died during the acute period of infection. The wrongs suffered by those affected must also be compensated for so when a person with an eligible infection has been accepted on to the scheme, their affected loved ones will be able to apply for compensation in their own right. I can confirm that means that partners, parents, siblings, children, friends and family who have acted as carers for those who were infected are all eligible to claim.

A Care Award will be directly awarded to the person with the infection or to their estate. Secondly, the Financial Loss Award will be paid either directly to the person with the infection or to their estate. Multiple Injury Awards will be offered to reflect the scale of the loss and suffering. The scheme will be tariff-based. The Inquiry recommended that the scheme should be flexible in its awards of compensation, providing for either a lump sum or regular payments and I am pleased the Government has committed to this. I welcome the commitment that over the next few weeks Sir Robert will seek views from the infected blood community on the proposed scheme before its terms are set in regulations, to make sure the scheme will best serve those who it is intended for. Any payments made to those eligible will be exempt from income, capital gains and inheritance tax, as well as disregarded from means-tested benefit assessments.

Any claimants will be able to appeal against their award both through an internal review process in the Infected Blood Compensation Authority and where needed with a right to appeal to a first-tier tribunal. I was pleased to see the Minister confirm his expectation that final payments will start before the end of the year. I understand however the urgency of this issue which is why I welcome that the Government will be making further interim payments ahead of the establishment of the full scheme. Payments of £210,000 will be made to living infected beneficiaries and to the estates of those who sadly die between now and payments being made. I know that time is of the essence which is why I am also pleased they will be delivered within 90 days, starting in the summer, so that they can reach those who most need it so urgently. You can find the full details here.

 

UPDATE FEBRUARY 2024:

In December, the Government announced it would appoint a group of clinical, legal and social care experts to advise the Cabinet Office on detailed technical considerations of responding to the Infected Blood Inquiry’s recommendations on compensation. Professor Sir Jonathan Montgomery has now been appointed as Chair of this expert group to provide technical advice on compensation. 

Sir Jonathan is an experienced healthcare law scholar who has played a leading role in UK public bioethics for many years, having previously chaired the Human Genetics Commission (2009-2012), the Nuffield Council on Bioethics (2012-2017) and the Health Research Authority (2012-2019). Sir Jonathan is currently the Chair of the Oxford University Hospitals NHS Foundation Trust and Professor of Healthcare Law at University College London. Sir Jonathan received a knighthood in 2019 for his services to bioethics and Healthcare Law.

The Infected Blood Inquiry Chair has announced that the Inquiry’s final report will now be published in May 2024. I recognise the calls for urgency from those who have suffered and continue to suffer, and I know the Government is committed to responding to the Inquiry as quickly as possible.

 

UPDATE – 17th AUGUST 2022:

Following the publication of Sir Brian Langstaff’s interim report and the considerations of Sir Robert Francis QC, the Government has now accepted in full the recommendations for those affected to receive interim compensation payments.

Victims will each receive interim payments of £100,000 with the intention this will be made by the end of October. Victims and bereaved partners who are registered to any of the 4 UK schemes will receive this payment. The intention is that this will be tax-free and not affect any other financial support and benefits that victims currently receive. The total support is estimated to amount to £400 million in compensation. 

Prime Minister Boris Johnson said: "While nothing can make up for the pain and suffering endured by those affected by this tragic injustice, we are taking action to do right by victims and those who have tragically lost their partners by making sure they receive these interim payments as quickly as possible. We will continue to stand by all those impacted by this horrific tragedy, and I want to personally pay tribute to all those who have so determinedly fought for justice."

 

UPDATE JULY 2022 - The Compensation Framework:

There needs to be a framework in place for any compensation scheme that the Inquiry may decide upon and so the Government appointed Sir Robert Francis QC to conduct an independent review to assess the potential options. Sir Robert has now finalised his potential recommendations and I know the Inquiry Chair has discussed the potential need for interim payments for victims. I know my Ministerial colleagues are now assessing these options and await the findings of the full Inquiry. The Government will respond quickly to the findings.

 

UPDATE MARCH 2021:

The Government has publicly committed to addressing the UK-wide disparities in financial support for victims of infected blood and Health ministers across the UK have agreed in principle to resolve the disparities. I am therefore pleased to announce today that a number of important changes have been agreed to bring the national support schemes into broader parity. Increases in annual payments will be backdated to April 2019. Where lump sum payments are being increased, this will apply to all current scheme members.  

Penny Mordaunt MP, PAYMASTER GENERAL "We have agreed with health Ministers that any future changes to national schemes would be subject to consultation between the UK Government and devolved administrations, to mitigate the risk of geographic disparities occurring in future. I have announced that I will appoint an independent reviewer to carry out a compensation study, look at options for a framework for compensation, and report back to me with recommendations. Work to appoint the independent reviewer is at an advanced stage and I will make a further announcement on this as soon as this is ready. The study is entirely separate from the public inquiry; it will not duplicate the work of the Inquiry or cut across the Inquiry’s findings. The study will provide me with advice on potential compensation framework design and solutions which can be ready to implement upon the conclusion of the Inquiry, should the Inquiry’s findings and recommendations require it."

 

UPDATE JULY 2019:

The four nations have each had their own individual compensation scheme and in July 2019 an agreement was reached to remove the disparities between them by making them far more equal, but crucially more generous.

The key elements for changes to the England Infected Blood Scheme include:

  • Annual payments for bereaved partners increased to an automatic 100% in Year 1 and 75% in Year 2.
  • The lump sum bereavement payment is now an automatic £10,000
  • The lump sum to a beneficiary in the scheme with Hepatitis C Stage 1 increased to £50,000.
  • The lump sum to a beneficiary in the scheme with HIV will increase to an automatic £80,500.

 

If you have been affected...

The England Infected Blood Support Scheme (EIBSS) supports people historically infected with hepatitis C and/or HIV from blood or blood products. They also help families, civil or long-term partners after the death of someone infected. Support is available for: 

  • people historically infected with hepatitis C and/or HIV from NHS blood or blood products 
  • families, civil or long-term partners after the death of someone infected
  • APPLY ONLINE 
    • People infected with hepatitis C - stage 1 payment If you were chronically infected with hepatitis C, you can claim: a one-off lump sum of £50,000, regular payments - currently £19,498 a year or £29,569 subject to meeting the qualifying criteria for the Special Category Mechanism** , annual winter fuel payment of £561 **These rates are for the financial year 2022/2023. The payment amounts and assessment criteria may be reviewed in the future. 
    • Requesting medical records: The England Infected Blood Support Scheme (EIBSS) supports people historically infected with hepatitis C and HIV from NHS blood or blood products. This guidance will help you request your medical records, someone else’s medical records (with consent) or medical records of a deceased family member to support applications for Hepatitis C stage 1 and 2 payments and HIV payments.
    • People infected with HIV: The scheme recognises that individuals living with HIV face extra costs.  If you have HIV you can claim a lump sum of £80,500. ​​​You can also claim- regular payments - currently £29,569 a year, annual winter fuel costs £561 These rates are for the financial year 2022/2023. The payment amounts and assessment criteria may be reviewed in the future. 

If you have been directly affected by this issue or know somebody that has then you can contact the England Infected Blood Support Scheme:

HOW TO CONTACT: