Today’s announcement feels like deja-vu. For over two years since the first recommendation by Sir Brian Langstaff during the inquiry, we have heard that compensation will be paid to the victims of the infected blood scandal. However yet again, the route to compensation is tortuous and for many of my clients, unfathomable.
Whilst today the government is keen to stress that this is the first time this particular group of victims (the deceased) 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 - its sweeping statement is disingenuous. There are many and varied concerns which remain unresolved.
The fact is that this 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 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 substantial 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 trumpeting that long-promised compensation is finally a reality.
Des Collins is senior partner at Collins Solicitors and legal adviser to some 2000 victims and families involved in the infected blood scandal
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