Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Lucy Letby victims’ families may receive less than £13,000 in NHS compensation

Compensation for families affected by NHS negligence is capped in law

Matt Drake
Monday 21 August 2023 11:49 EDT
Comments
Lucy Letby refused to appear in court for sentencing (Cheshire Constabulary/PA)
Lucy Letby refused to appear in court for sentencing (Cheshire Constabulary/PA) (PA Media)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The families of the babies murdered by Lucy Letby may receive less than £13,000 in compensation, it has been reported.

Letby murdered seven babies and attempted to kill six others while working in the Countess of Chester Hospital's neonatal unit between 2015 and 2016.

The families of her victims may be entitled to the NHS bereavement award. The award is set up for those who lost loved ones due to negligence in the NHS is set by the government and capped in law.

In cases that occurred before 2020, such as Letby's, the amount of compensation parents will receive following a successful claim is set at £12,980, Mail Online reported.

A solicitor representing families of Letby's victims called for the payout to be increased due to the seriousness of the case.

Tamlin Bolton, a senior associate solicitor at Switalskis Solicitors, said: "It is very difficult for anyone to put a finger on how much a bereavement is worth and essentially how we financially value a life.

"However, I do think some reflection should be given as to how that set amount aligns with the damages award for other injuries. For example, the bereavement figure is equivalent to someone who receives damages after suffering a short-standing knee injury. How can that be in any way comparable?

"Families would maybe get some comfort if the figure was increased to what we would typically consider to be 'significant', so that it could have an impactful impression on their lives. A bigger amount would also not only reflect the seriousness of their loss, but also act as a financial punishment to the organisation at fault.

"It is the only mechanism we have to acknowledge the loss in the civil courts."

Lucy Letby was sentenced in her absence (Elizabeth Cook/PA)
Lucy Letby was sentenced in her absence (Elizabeth Cook/PA) (PA Wire)

Parents may also be entitled to damages for any psychological injuries they suffered but this is usually a relatively small amount, Ms Bolton said.

They may also be able to apply for money from the Criminal Injuries Compensation Authority, which handles claims from victims of a violent crime, but the amount for a fatality is also capped at £11,000.

But in cases where children have been left with life-long brain damage, which happened to three of the babies attacked by Letby, then compensation could be much higher and run into the millions, the lawyer claimed.

Ms Bolton also said she agrees with other solicitors representing families of Letby's victims and senior doctors who tried to raise concerns that there needs to be a full public inquiry.

Lucy Letby judge Mr Justice Goss passing sentence
Lucy Letby judge Mr Justice Goss passing sentence (CPS)

Letby is now one of the most prolific and notorious serial killers in British history.

But she was too cowardly to attend Manchester Crown Court today for her sentencing.

Speaking about her absence, Ms Bolton added: "The fact that Letby refused to attend her sentencing hearing is the final insult.

"By not facing the consequences of her actions, it speaks of her complete disregard not only for the damage she's caused, but also to our judicial system.

"These verdicts don't deliver answers to the further questions people have about what happened at The Countess of Chester NHS Hospital Trust and we're looking to support our families and others who may be affected by the ongoing investigation through the inquiry and through any private civil claims they wish to bring."

The father of a child who requires constant care after being attacked by nurse Lucy Letby told a court his baby was saved by God, but found by the Devil (Elizabeth Cook/PA)
The father of a child who requires constant care after being attacked by nurse Lucy Letby told a court his baby was saved by God, but found by the Devil (Elizabeth Cook/PA) (PA Wire)

During the investigation into Letby, several doctors who worked on the neonatal ward with the killer claimed that NHS management "ignored" their concerns and "protected" her instead.

Alison Kelly, who was the chief nurse at the time Letby killed and attacked babies at the Countess of Chester Hospital, has been suspended from Northern Care Alliance NHS Foundation Trust in Salford.

Ms Kelly was accused of ignoring concerns raised by doctors from as early as June 2015 and being “protective” over Letby.

She is one of three directors from the Countess of Chester who have been publicly criticised, alongside former medical director Ian Harvey who is retired and living in France, and former chief executive Tony Chamber. Mr Chambers up until this summer worked at a Queen Victoria Hospital in West Sussex.

In response to allegations, Ms Kelly said on Friday: “It is impossible to imagine the heartache suffered by the families involved and my thoughts are very much with them.

“These are truly terrible crimes and I am deeply sorry that this happened to them.

“We owe it to the babies and their families to learn lessons and I will fully cooperate with the independent inquiry announced.”

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in