Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment his Department has made of the adequacy of the statutory bereavement award under the Fatal Accidents Act 1976; whether he plans to review the level of that award; and whether an assessment has been made of the potential impact of the current level on the ability of families to pursue (a) legal claims for alleged clinical negligence and (b) other legal claims.

Bereavement damages are a fixed payment in acknowledgment of grief and are in no way intended to reflect the value of the life lost in monetary terms. They are only one element of the damages that may be awarded in a particular case, which for example can also include damages for dependency.

The Government’s position remains that it believes the existing legal framework, involving a fixed level of award and clear eligibility criteria, represents a reasonable, proportionate and practical approach.

There are no plans to review the level of the award, and the Government does not believe the level of the award has any impact on the ability of individuals to bring negligence claims.