IBCA and Infected Blood Compensation: What You Need to Know

IBCA and Infected Blood Compensation: What You Need to Know

The Infected Blood Compensation Authority (IBCA) is the organisation set up by the UK Government to manage the Infected Blood Compensation Scheme. It was created following the Infected Blood Inquiry and is responsible for paying compensation to people who were infected or affected by contaminated blood, blood products or tissue.

Many individuals and families are now starting the claims process and looking for guidance on IBCA Compensation Claims and Eligibility.

IBCA states that it provides support to applicants, including access to “free legal advice” through a panel of solicitors.

However, it is important to understand what that advice involves.

IBCA Panel Solicitors and ‘free legal advice’

IBCA panel firms are paid by IBCA and must work within the limits of its scheme.

In practice, this can mean:

  • Panel solicitors are not expected to fully challenge IBCA decisions on eligibility for compensation
  • Advice is often focused on progressing a claim through the IBCA process
  • There may be limited ability to dispute a refusal or challenge the legal test applied
  • Applicants may not always receive full advice on all potential legal arguments

Eligibility is one of the most important parts of an infected blood compensation claim, because it determines whether compensation is paid at all.

Because these cases often involve complex medical evidence and legal tests, proper independent review of eligibility is essential.

Why independent legal advice matters for IBCA claims

Where legal advice is restricted, there is a risk that:

  • IBCA eligibility decisions are not properly challenged.
  • Medical evidence is not fully tested or developed
  • The balance of probabilities test may not be properly applied.
  • Claimants are not advised on alternative legal arguments or routes of appeal (outside of IBCA).
  • Families may miss out on compensation they should receive

For that reason, many people choose to seek independent legal advice on infected blood compensation claims, particularly where eligibility is unclear or has been refused.

Independent solicitors can fully assess the evidence and challenge decisions where appropriate.

Speak to our infected blood compensation solicitors

We are already acting for many people infected and families affected by the infected blood scandal. If you need advice on IBCA eligibility, or would like an independent review of your compensation claim, Call or Email our experts today for clear, confidential advice.

Neil is an accredited specialist clinical negligence Solicitor having worked in this area for nearly 30 years. Neil has widespread experience of handling claims involving all kinds of substandard medical treatment. His expertise primarily lies in handling obstetric claims, having successfully concluded over 15 cerebral palsy claims and many more erbs palsy claims. Read more about our specialist, Neil Fearn.
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