Posted by John Kushnick, legal operations director at Legal Futures Associate National Accident Law
Kushnick: Lawyers need to champion the rights of bereaved fathers
The devastating loss of a child is a tragedy that no parent should ever endure. Yet, when pursuing legal compensation for this unimaginable loss, bereaved fathers often face scrutiny due to outdated assumptions and systemic bias.
Despite significant strides in gender equality, the legal landscape in the UK continues to reflect an unfair view of paternal bonds, disadvantaging unmarried fathers in wrongful death claims.
Outdated assumptions undermine fathers’ grief
The law was designed to operate under the presumption that mothers have a closer, more substantial bond with their children. But modern family dynamics have evolved, with many parents remaining together, unmarried, and fathers often playing equally able, active and nurturing roles in their children’s lives.
A father’s emotional bond with his child is no less significant than a mother’s and the loss of a child is equally damaging for both parents in most circumstances.
Kim Harrison, president of the Association of Personal Injury Lawyers, says: “The law on compensation for bereaved families in England and Wales is woefully out-of-date and offensive.” We agree, it’s imperative that the law recognises and reflects the lived realities of today’s parenthood.
Legal challenges for unmarried fathers
In the UK, the process for an unmarried father to claim compensation for the wrongful death of a child is fraught with challenges.
Throughout the claim, the quality and nature of the father’s relationship with the child is often scrutinised more intensely. Courts can demand extensive proof of involvement and emotional connection, effectively placing fathers in a position where they must ‘prove’ their grief.
It’s another example of bias that interrupts a father’s grieving process and heightens their emotional distress after experiencing such devastation.
A modern law of bereavement damages
Current UK legislation does not adequately protect the rights of bereaved fathers. While the Fatal Accidents Act 1976 allows for claims by dependents of the deceased, the definition of who a claim for damages can benefit as a dependent is too rigid and fails to account for modern family dynamics.
Considering more than half of all babies born in England and Wales have parents who are unmarried or in civil partnerships, reform is needed to ensure that the law recognises common parenthood and values the equality of parental bonds.
This should incorporate a similar distinction of dependants to Scotland’s Damages Act 2011 so that each case can be judged on its own merits without a restrictive eligibility law.
A new law should also aim to simplify the process of establishing paternity and remove or reduce the requirement for fathers to demonstrate the depth of their relationship with their deceased child.
Legal frameworks must evolve to reflect the reality that a father’s love and grief are just as profound as a mother’s.
Advocating for change
As legal professionals, we have a crucial role to play in advocating for these changes. By championing the rights of bereaved fathers, we can help push for change to promote fairness and equality in the compensation system.
Like you, National Accident Law is committed to equality and we’re highlighting these issues to better support bereaved fathers through the legal process in the future.
By raising awareness and advocating for legislative change, we can help ensure that all just parents, regardless of gender or marital status, receive the recognition and support they deserve during the most difficult times of their lives.
Our thoughts
The journey through grief is intensely personal and unique to each parent. We believe the law must reflect this individuality and provide equal support to both mothers and fathers by addressing the inequalities faced by bereaved fathers and removing outdated assumptions from our legal frameworks.
It is time for the UK to recognise the equal importance of a father’s bond with their child and ensure that no parent is discriminated against in their time of need.
The legal system must be there to support, not hinder, access to justice and to help those who have suffered losses without adding to their distress. An update in the law would go some way to fulfilling these goals.
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