Government failings over the compensation offered to victims of the infected blood scandal has left them facing a “new and different layer of psychological pain”, a damning report has concluded.
A report into the compensation of victims and others affected by the scandal found that they have been ignored, branding the British state’s apology meaningless unless they are given greater involvement.
Sir Brian Langstaff, chairman of the official inquiry into the infected blood scandal, said: “Decisions have been made behind closed doors leading to obvious injustices.”
Publishing a report into failings in the government’s compensation for victims, Sir Brian said: “The government has known for years that compensation for thousands of people was inevitable and had identified many of those who should have had it.
“But only 460 have received compensation so far and many, many more have not even been allowed to begin the process.”
He called for the compensation scheme to be sped up, with greater access offered to those affected by the scandal.
The latest report of the inquiry concluded:
- There was a “missed opportunity” to consult with those impacted by the scandal.
- There has been a “repetition of mistakes in the past” in Labour and the Tories’ response to the scandal.
- Trust in the Infected Blood Compensation Authority (IBCA) has been “lost” by many victims.
- People impacted by the scandal have expressed a “grave concern” over the delay in compensation.
- Regulators behind the IBCA have created a “liability window” meaning people infected with HIV with contaminated blood or blood products before 1982 will not be compensated.
- The impacts of a hepatitis infection are not being “fully recognised” in the compensation scheme, including the impact of early treatment for the virus which has been linked to severe side effects.
Campaign group Tainted Blood has estimated that at least 100 people have died while waiting for compensation since the main report was published last year.
In a devastating piece of evidence, which Sir Brian concluded was “fully justified”, the infected blood inquiry was told how victims have faced “a new and different layer of psychological pain”.
Andrew Evans, from the campaign group Tainted Blood and who was infected with HIV and hepatitis C through contaminated blood products during treatment for haemophilia as a child, repeated the testimony of another who said it had been “another layer I have had to endure, adapt to and fight every day to not let it take over my life”.
They said: “I have spent more than 30 years fighting trauma, exclusion and the constant struggle to keep my life together.
“I have fought every day to keep the darkest thoughts from consuming me. What has happened since the compensation scheme was announced has pushed that fight to its absolute limit and now I am utterly exhausted… the anguish is beyond words.”
Mr Evans said victims have felt “nothing but despair” and have “lost all hope of ever fetting justice”.
Victims described being “left feeling age and illness catching up with us” while waiting for compensation, adding that “there is no rest, there is no peace”.
Others said it “feels as if we are waiting to die, in limbo, unable to make any progress in our lives and fearing as our health declines we may not ever get the compensation awards we deserve”.
And, speaking to The Independent, Jackie Wrixton said that she hoped the report would force the government to “pull their finger out” and speed up the compensation, given the high rate of deaths among those infected.
The 63-year-old was diagnosed with hepatitis C in 2010 after four decades of ill health, after receiving a blood transfusion following childbirth in 1983.
“The euphoria we had a year ago has dissipated and now we’re having to demonstrate,” she said. “The recommendations are really powerful but they just don’t seem to have the teeth we need to get the government to act.
“We have all of the platitude but none of the action. They say they’re working at pace, it’s just pulled and drawn out at every opportunity by every MP, but we are dying at pace. We are still not getting the coverage we need to get the public to understand what’s happening.”
Of the tens of thousands the inquiry believed were infected, and the many more affected by the scandal, just 460 have so far received compensation – totalling £326m. Some 616 have received an offer of compensation, the latest figures show, while 2,043 have been asked to start compensation claims.
Speaking after the report’s publication, Sir Brian said delays in paying compensation had created “an injustice all of its own”.
He said: “Compensation needed to be rolled out quickly.
“Time has always been an enemy. Some time may have to be taken to get things right – but time should never be allowed to become delay. Delay creates an injustice all of its own.”
The report set out a series of recommendations to speed up compensation and improve fairness, which included llowing infected and affected people to apply for compensation, rather than having to wait to be asked.
The recommendations also called for faster progression of compensation for the more seriously ill, who are older or who have not received compensation faster.
And Sir Briain called for an end to the injustice of people infected with HIV before 1982 being excluded from compensation and for the IBCA to drop unrealistic evidence requirements for those who suffered severe psychological harm.
Rishi Sunak last May promised the government “will pay comprehensive compensation to those infected and affected by this scandal… whatever it costs”.
But, having set out little detail of how the compensation scheme would work, the former PM called a general election two days later. The report found that the snap general election meant the establishment of the compensation scheme was rushed to meet an August deadline.
The infected blood inquiry had recommended that there should be two panels advising the chair and board of the compensation scheme, one of medical experts and one of lawyers. But the government appointed an expert group which the inquiry deemed did not contain “the full range of expertise recommended”, with no psychological expertise, no clinician specialising in bleeding disorders and no transfusion specialist.
A government spokesperson said: “This additional report reflects the unprecedented nature of the infected blood scandal and the thoroughness of the inquiry’s investigation.
“We are grateful to the Inquiry for its ongoing work. We will now consider all of its recommendations.
“Over £300m has been paid to victims since the compensation scheme opened last October and we are taking action to enable a quicker compensation process.”
The inquiry also criticised the group for being unable to meet with infected and affected people.
The inquiry’s report on Wednesday highlighted that people set to benefit from the compensation scheme should have had a central role in its decision-making and operation.
But the day after it was announced, it was revealed the IBCA had been established with no direct involvement from those affected.
The report highlighted that the government has apologised on behalf of the British state for the infected blood treatment disaster. “That apology will only be meaningful if the government demonstrates it is willing to listen to people, sooner rather than later, and to act when it has made a mistake,” it found.
It added: “Truly involving people infected and affected in how the state recognises their losses would start to turn the page on the past.”
