Andy Slaughter
Main Page: Andy Slaughter (Labour - Hammersmith and Chiswick)Department Debates - View all Andy Slaughter's debates with the Ministry of Justice
(4 days, 10 hours ago)
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My hon. Friend is very learned and experienced in these matters, and I wholeheartedly agree. The discrepancy is hard to explain, especially as the pre-1996 non-statutory scheme explicitly aligned the criminal injuries time limit with that for civil claims.
There is some evidence that victims who have legal representation often receive greater compensation than they would have done had they acted alone. That is not a desirable outcome, especially when people with more limited means are more likely to become the victims of crime. The scheme’s tariff has not been updated since 2012, and its upper and lower bounds had been frozen for many years before that, despite inflation. Indeed, the lowest tariff of £1,000 has remained frozen since 1992—a real-terms erosion of 54%.
The process can feel cold and impersonal. As one member of the public with recent experience of the scheme who wrote to me in advance of this debate put it, the lack of “timelines or guidelines” means that
“victims are continually left in limbo and retraumatised by a process that is meant to help.”
I am grateful to my hon. Friend for securing this debate and for the way he is setting out the problems with the scheme, which is something of a Cinderella service. As he said, the tariffs have not changed, and the upper limit has not changed for almost 30 years. What gives away the situation even more is the fact that, although the average sum awarded in the last year is about £8,000, the amount increased sixfold on appeal. That, and the fact that only 3% of injured victims of crime actually receive compensation, suggests that there are things wrong with the scheme.
My hon. Friend, the Chair of the Justice Committee, makes an important point. We must also consider the number of victims of crime who are so exhausted by the process that they choose not to appeal, even though they may have grounds to do so. His scrutiny in this area is very welcome.
Changes made to the scheme have an unhappy history in this House. Some Members may recall the very contentious changes made to it in 2012, with the express intent of reducing expenditure by between £40 million and £60 million a year. At the time, in the face of sustained scrutiny, including from Members on the then Government Benches, the Minister of the day, the hon. Member for Maidstone and Malling (Helen Grant), announced:
“a hardship fund of £500,000 per year which will provide relief from hardship for very low-paid workers in England and Wales who are temporarily unable to work as a result of being a victim of a crime of violence.” —[Official Report, 27 November 2012; Vol. , c. 14WS.]
That concession secured support for the relevant secondary legislation. The fund is still in existence, but its criteria are too tightly drawn. An applicant must be paid no more than £5,700 a year, the equivalent of statutory sick pay, and they must apply to seek it not within two years of an injury, but within two months of an injury, in order to qualify.
Far from the fund supporting low-paid victims of crime by £500,000 a year, the Ministry of Justice told me recently that only £4,100 has ever been paid out of it, and no payments at all were made in the seven years to 2023-24. I suspect that the very few workers who were eligible to apply were unaware that it exists. The hardship fund is a dead letter; it would be better to scrap it than to claim that special support is available to low-paid workers when, in practice, it is not.