The Ministry of Justice (MoJ) has dropped its controversial proposals for a “Supplementary Legal Aid Scheme”.
Under the proposed scheme, the MoJ would have skimmed off 25 per cent from general damages awarded to legally aided clients and used it to supplement the legal aid fund.
Brain-damaged children and their families were one of the most controversial categories of claimant affected. Legal aid is due to be withdrawn from clinical negligence in April 2013, but an exception has been made for babies who suffer brain damage at birth or are injured in the first eight weeks of life, and for women who are injured during pregnancy or labour.
Consequently, brain-damaged babies and their families would have lost a quarter of their compensation. Clinical negligence lawyers campaigned against the proposals.
Peter Walsh, chief executive of Action against Medical Accidents (AvMA), said: “We hope that this more enlightened approach will lead to further changes to protect access to justice for victims of clinical negligence. It beggars belief that their predecessors were prepared to raid the damages of children brain-damaged by clinical negligence to subsidise their department.”
An MoJ spokesperson said: “Having carefully considered the views expressed in a recent stakeholder engagement exercise, Ministers have decided not to proceed with implementation of the proposed Supplementary Legal Aid Scheme in April 2013.”
