Legal Battle Over Infected Blood Compensation: Court Hears Arguments

Yesterday, Factor 8 and the Information Commissioner's Office (ICO) faced off against the Department of Health & Social Care (DHSC) in court for details about infected blood compensation to be released. DHSC appealed to the court for the right to withhold details requested by Factor 8 in a freedom of information request, saying that disclosure would place "undue pressure" on the government.

The Tribunal was led by Judge Alexandra Marks, who heard arguments from the ICO and Factor 8 that the significance and seriousness of the infected blood meant that the public interest favours disclosure of details about infected blood compensation.

During the hearing, Barrister Leo Davidson (representing the ICO) and Jason Evans (representing Factor 8) questioned Mr William Vineall (Director of NHS Quality, Safety and Investigations). Vineall maintained that disclosure of the information would raise "public expectations" and inhibit officials from providing free and frank advice.

In closing, Mr Evans asked that The Tribunal consider not only the public interest but also the human impact of withholding the information and highlighted three examples of families who were devastated by HIV & Hepatitis C-infected Factor VIII blood products.

Judgement in the case has been reserved, and a decision is expected within 4 weeks.