The Department of Justice in Northern Ireland has announced a significant increase in the statutory bereavement award.
From the 1st of December 2025, the award goes from £17,200 to £19,700. This change, implemented through the Damages for Bereavement (Variation of Sum) Order (Northern Ireland) 2025, reflects an inflation-linked adjustment and casts a light on the current outdated bereavement damages regime in England and Wales.
Bereavement damages: Northern Ireland vs England & Wales
While Northern Ireland has now adjusted its award to reflect inflation, the award in England and Wales remains frozen at £15,120, with the most recent uplift being in 2020, rising from £12,980. Currently, the only people who can claim a bereavement award are:
- The wife, husband or civil partner of the deceased;
- The deceased’s partner, if they have been cohabiting for two years or more;
- Parents where the deceased is a legitimate minor; or
- A mother, where the deceased is not a legitimate minor.
An unmarried father of a child under the age of 18, parents whose child is over the age of 18, children who lose a parent, siblings and grandparents are not able to claim a bereavement award. The Association of Personal Injury Lawyers (APIL) has long campaigned for a complete overhaul of the bereavement damages system in England and Wales. APIL argues that:
- The current award is arbitrary and insufficient, failing to reflect the emotional devastation of losing a loved one due to negligence;
- The eligibility criteria are too narrow, excluding siblings, adult children, and unmarried partners (unless they meet strict cohabitation requirements); and
- The system lacks flexibility and judicial discretion, offering a fixed sum regardless of the circumstances or depth of the relationship.
APIL advocates for a tiered or discretionary system, similar to that in Scotland, where courts can assess the closeness of the relationship and award damages accordingly. Lorraine Gwinnutt, APIL’S head of campaigns and communications said:
“The law in England and Wales does not recognise the potential family closeness of brothers and sisters, grandparents and grandchildren, aunts, uncles, nephews, nieces,” she said. “The law does not even recognise the closeness of an unmarried father to his children. But the law in Scotland recognises [for example] that love for a child does not end when the child turns 18. It recognises that modern family life is incredibly diverse.”
Why this matters
Bereavement damages are not about placing a monetary value on a life lost. They are about recognising the emotional suffering of those left behind. The current regime in England and Wales is not only outdated but also fails to deliver justice to many grieving families.
Northern Ireland’s move should serve as a catalyst for reform. As legal professionals, we urge policymakers in England and Wales to follow suit – not just by increasing the award, but by modernising the entire framework to reflect the realities of many modern families and relationships.
How can we help?
Holly-Louise Batey is a Trainee Solicitor in our Personal Injury team, which is ranked in Tier One by the independently research publication, The Legal 500.
If you have any questions in relation to the topics discussed in this article, please contact Holly or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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