Government takes Factor 8 to court over Infected Blood compensation details
In a significant development in the ongoing saga of the infected blood scandal, Factor 8 has been thrust into a new legal challenge brought by the Department of Health & Social Care (DHSC). Factor 8 was invited to become the second respondent in a case concerning DHSC's decision to appeal a ruling by the Information Commissioner's Office (ICO).
The appeal stems from an earlier decision by the ICO, which ruled the DHSC disclose specific information regarding infected blood compensation. This request was initially made by Factor 8 in December 2022 and partially fulfilled in March 2023, with the DHSC withholding the bulk of the requested material.
After a series of delays and persistent follow-ups by Factor 8, the DHSC's staunch refusal to release the additional information prompted us to refer the case to the ICO for investigation. The ICO's ruling favouring Factor 8 seemed to be a victory for transparency until the DHSC filed an appeal on 29th September 2023, challenging the ICO decision with the First-tier Tribunal (General Regulatory Chamber).
The first respondent in this appeal is the ICO, against whom the DHSC's appeal is directed. Factor 8's involvement as the second respondent is unprecedented for us, and we note that, despite having made over 2,000 freedom of information requests over the years, this is the first instance of such legal proceedings concerning freedom of information requests and the infected blood scandal.
As second respondents, Factor 8 will have the opportunity to present evidence, make submissions, and review the appeal documents, thus having a direct hand in the legal process.
The case's significance is underscored by the fact that only three active cases are listed with the tribunal involving the DHSC since 2018, highlighting the rarity and potential impact of the upcoming proceedings.
As the legal battle lines are drawn, Factor 8 is gearing up to ensure that the voices of the victims and their families are heard. While a hearing date has yet to be set, we are actively working to prepare for our role in the tribunal.
The fight for infected blood scandal truth and justice has been long and arduous, with the government's recent move to appeal the ICO's decision seemingly a further attempt to deny transparency to those who need it badly.
Factor 8's involvement in the tribunal is not just about a single case but also represents a broader struggle for transparency and accountability in a matter that has had devastating consequences for so many. As the legal processes continue, we remain committed to shedding light on the truth and ensuring that the government upholds its responsibilities to those infected and affected.
Jason Evans (Director of Factor 8) said: "We are navigating uncharted waters, but we are determined to uphold the rights of those impacted by this scandal who deserve to know what's happening. Transparency and accountability are paramount in our fight for justice, and we are prepared to take on this new challenge."
