Factor 8 Files Maladministration Complaint Against DHSC for Failing Infected Blood Scandal Victims
Factor 8 has today filed an official complaint with the Department of Health and Social Care (DHSC), with a view to securing a ruling of maladministration from the Parliamentary and Health Service Ombudsman, over the department's inaction to implement the compensation recommendations from the Infected Blood Inquiry published on 5th April 2023.
Comes days after a court dismissed a government appeal to withhold compensation information requested by Factor 8.
This complaint is underscored by the poignant words of former Secretary of State for Health, Matt Hancock, who, while under oath during the Inquiry on 21st May 2021, stated unequivocally, "I respect the process of the Inquiry and I will respect its recommendations, and should the Inquiry's recommendations point to compensation, then of course we will pay compensation".
Further compounding this commitment, when asked by Inquiry Counsel Ms Jenni Richards about the inevitability of substantial government compensation, Mr Hancock assured, "Should that be the outcome of this Inquiry, then we will."
These commitments, made under oath, have become the bedrock of the victims' expectations for justice and reparation. Yet, nearly one year after the Inquiry's clear directive for interim payments of £100,000 in respect of unrecognised deaths, the DHSC has shown a stark failure to act, constituting maladministration on multiple fronts:
Incorrect Action or Inaction: Despite explicit recommendations, DHSC has not made the interim payments or established a compensation arms-length body (ALB), though the latter is in draft legislation.
Failure to Provide Information and Inadequate Liaison: DHSC's silence leaves victims and their families in limbo, exacerbating their suffering and uncertainty.
Misleading or Inaccurate Statements: The lack of follow-through on Mr. Hancock's under-oath commitments misleads the victims and the public, undermining trust in the government's word and the integrity of the inquiry process.
Broken Promise: The most egregious of these issues is the breach of a solemn promise made under oath, which not only disappoints but deeply wounds those who have already suffered immeasurably.
Jason Evans, Director of Factor 8, said: "The failure to honour commitments made under oath to the Infected Blood Inquiry is not just a betrayal of the victims but a disregard for the sanctity of the legal and Inquiry processes. The government's reluctance to act swiftly, even to make interim payments which should be facilitated through existing schemes, is utterly shameful."
Factor 8's complaint, poised for escalation to the Parliamentary and Health Service Ombudsman, aims to secure a finding of maladministration in hopes of compelling DHSC to fulfil its promises and obligations to the victims.
"The victims of the infected blood scandal, their families, and the wider public deserve more than broken promises. They deserve immediate action, transparency, and the compensation they have been assured. We will continue to fight for justice." added Evans.
