Whenever APIL lobbied conservative lord chancellors and justice ministers about reform of bereavement damages in England and Wales, we received the same response – the law ‘represents a reasonable, proportionate, and practical approach.’

It was a predictable but, at the same time, astonishing response. Any lawyer who has had to sit down with a grieving family to explain the law on bereavement damages and, in some cases, explain why they’re not eligible for compensation, knows that the law is neither reasonable, proportionate, nor practical. It should be perfectly obvious that a law which denies statutory bereavement damages to a bereaved father just because he was not married to the mother when the child was born is just wrong.

But a few weeks ago, we received a different response from the Ministry of Justice (MoJ). In a letter from Sarah Sackman KC, Minister of State for Justice at the MoJ, we were told that she would consider APIL’s request for a wide-ranging review of the law as the MoJ’s ‘civil justice programme progresses.’

Before the general election, we had heard positive words from shadow ministers when Labour was in opposition. In June 2020, for example, shadow justice minister Peter Kyle told the House of Commons of his hope of a “more comprehensive assessment” of bereavement damages. A few months later, shadow attorney general Lord Falconer of Thoroton told peers of the need “for full-scale reform of the Fatal Accidents Act 1976” which he referred to as “an archaic piece of legislation”.

Then a year later, shadow justice minister Anna McMorrin took to social media to call for fairness for families. APIL members have also shared with us letters and emails they received before the election from Labour MPs who supported changes to the law.

That’s why, in one of the first acts of my presidency, I wrote to Sarah Sackman, the minister responsible for civil justice, and offered to work with her to bring about the reform of bereavement damages which the Labour Party has supported and called for previously.

I am not going to pretend that the minister’s promise to ‘consider our request’ will mean there will be a review of the law. But I am encouraged that there is no longer a simple dismissal of the need for reform of a law which has remained largely unchanged since 1982, and which does not reflect how families live in our modern society. Now, we just need to encourage the minister to carry out the review, and change the law so it is fair for bereaved families.