The Fatal Accidents Act 1976 provides a fixed bereavement award. APIL (Association of Personal Injury Lawyers) had campaigned for a regular increased in bereavement damages to fall in line with inflation.

In 2007 the government identified that these damages should be reviewed every 3 years. The level of this award was reviewed and increased in March to £12,980.00 however there has been resistance to any further increases.

Bereavement damages attract controversy because they cannot and do not aim to compensate Claimants for the life they have lost. Many believe these damages are too low. In addition, for these damages to remain at a fixed level for years without being in line with the retail price index is even harder for Claimants and their lawyers to accept.

APIL has sought clarification from the justice minister Helen Grant as to why the government has not introduced this regular review. The government has so far used the financial climate as the reason.