Question to the Ministry of Justice:

To ask the Secretary of State for Justice, with reference to the Answer of 17 April 2023 to Question 176607 on Fatal Accidents Act 1976, what the basis is for his Department's assessment that an extension of eligibility for bereavement damages could lead in some cases to intrusive and upsetting investigations.

The assessment is based on a strong sense that such an extension of the current legislative framework (for those eligible for bereavement damages) may lead to defendants seeking in some cases to question or challenge relationships. For example, seeking to establish whether a person was the child of the deceased person. Another example might be competing claims for an award, such as where a deceased person had both a surviving spouse and a cohabiting partner.

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.