Question to the Ministry of Justice:

To ask the Secretary of State for Justice, for what reason fathers of illegitimate children are not eligible for bereavement damages under Section 1A of the Fatal Accidents Act 1976.

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.

Changes to extend availability to other family members (including fathers of illegitimate children) whose relationship to the deceased person may be less close may require a fundamentally different approach which would permit enquiries into the nature of the relationship in individual cases. This could lead in some cases to intrusive and upsetting investigation of the claimant’s relationship with the deceased person and could also increase the cost and complexity of the proceedings.

The context is important - bereavement damages are widely recognised and accepted as a fixed payment in acknowledgment of grief and are in no way intended to try 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 statutory sum for bereavement damages was increased in 2020 (to £15,120).