Conclusions and Recommendations
1. At the end of September 2007 the Coal Health
Compensation Schemes had settled almost 650,000 claims but
some 128,000 cases were still waiting settlement, some of which
had waited up to ten years or more. The Department and its
contractors, working with solicitors, should retain sufficient
numbers of skilled staff to settle the remaining claims as soon
as possible.
2. The Department did not undertake a systematic
appraisal of the alternatives to a court-based scheme. Prior
to the court's judgement, it had considered the possibility of
putting the schemes on a statutory footing, where Parliament rather
than the courts would determine the schemes' rules, but did not
take this or other possible options further.
3. The Department did not seek actuarial advice
during the planning phase. As a result,
it underestimated the likely volume of claims by over 300% and
allocated an insufficient number of staff to manage the liability.
Departments faced with establishing new compensation schemes should
obtain professional actuarial advice to help inform decisions
on scheme design and implementation.
4. For every £2 paid out in compensation
more than £1 has been spent on administration.
For the COPD scheme, around 69% of claimants receiving compensation
got less than the average cost of administering a claim. When
drawing up compensation schemes Departments should test fast-track
options for dealing with simpler claims to help reduce costs and
provide a better service.
5. The Department's negotiation with solicitors
on the original tariff was weak and has led to significant costs.
The Department did not include a review
clause in its tariffs. Once its initial assumptions proved wrong
it found itself locked into an expensive contract.
6. The Department has recouped about £41.8
million of the £80.6 million it expects to be repaid by solicitors
following a recent court ruling on the tariff for dealing with
fast-track COPD cases. The Department
should take vigorous action to pursue the amounts outstanding.
7. Some applicants, many of them elderly and
ill, have found themselves paying additional charges to solicitors
and other firms. In some of these cases
the firms did not properly inform claimants at the outset about
these extra charges. The Department should continue to press the
professional bodies to achieve repayment in full of all inappropriately
levied charges.
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