EWJ 60 April 2025 web - Journal - Page 38
l advance equality of opportunity between different
groups (those who share a relevant protected characteristic and those who do not); and
equality of opportunity. We do not consider the policy
as having significant impact on the achievement of this
objective.
l foster good relations between different groups
(those who share a relevant protected characteristic
and those who do not).
Discrimination arising from disability and duty to
make reasonable adjustments
51/. We do not consider that the provisions are likely
to result in any unlawful discrimination on any
grounds, including in relation to disability.
42/. In carrying out this duty, Ministers and the
Department must pay “due regard” to the nine “protected characteristics” set out in the Act, namely: race,
sex, disability, sexual orientation, religion and belief,
age, marriage and civil partnership, gender reassignment, pregnancy and maternity. An assessment on
how the policy impacts the public sector equality duty
has been carried out below.
Fostering good relations
52/. We assess that there will be no impact on relations
between those who share protected characteristics and
those who do not.
Question 16: Please provide evidence on how the
whiplash tariff review may affect people with protected characteristics.
Direct Discrimination
43/. This Call for Evidence exercise is designed to
gather evidence as part of the statutory review of the
Whiplash Tariff to inform the Lord Chancellor’s
decision on reviewing the rate.
Answer this question online
Please send your response by 2 April 2024 to:
Email: whiplash-reform-team@justice.gov.uk
44/. Our assessment is that the whiplash tariff, including its review and any potential adjustments made in
light of it, is not likely to be directly discriminatory
within the meaning of the Equality Act 2010, as it will
not treat anyone less favourably because of a protected
characteristic.
Confidentiality
Information provided in response to this Call for
Evidence, including personal information, may be
published or disclosed in accordance with the access to
information regimes (these are primarily the Freedom
of Information Act 2000 (FOIA), the Data Protection
Act 2018 (DPA), the General Data Protection Regulation (UK GDPR) and the Environmental Information
Regulations 2004).
45/. As such we assess that the policy is not directly
discriminatory within the meaning of the Equality Act
2010.
The Ministry will process your personal data in
accordance with the DPA and in the majority of circumstances, this will mean that your personal data will
not be disclosed to third parties.
Indirect Discrimination
46/. Indirect discrimination occurs when a provision
applies equally to all individuals in the impacted pool
but would put those sharing a protected characteristic at a particular disadvantage compared to those who
do not and cannot be shown to be a proportionate
means of achieving a legitimate aim.
47/. The Government does not collect comprehensive
information about personal injury claimants in relation to protected characteristics, and therefore there is
limited data with which to identify a pool, nor base reliable assumptions.
INTERNATIONALLY RENOWNED MENTAL HEALTH CARE EXPERTS
The Maudsley Hospital is an internationally renowned centre for mental health
care and provides the largest portfolio of national and specialist mental health
services in the UK. Many of our experts are at the forefront of research and training
in psychiatry and are highly respected in their field.
As part of this historic organisation, Maudsley Private Care is home to a dedicated
team of Maudsley experts in a covering a range of specialist areas to provide prompt
and responsive medico-legal reports and services for solicitors, barristers, courts and
other agencies.
48/. The whiplash tariff is applicable to all claimants
with whiplash injuries lasting no more than two years,
with the amount of damages determined by the expected length of the claim, and whether the injury is
for whiplash only or with minor psychological damage. The intention of the policy is to suitably compensate for these minor injuries whilst reducing the
overall cost of these claims, and we assess that the
whiplash tariff, including its statutory review, is a proportionate means of achieving these aims.
Our panel of nationally recognised psychiatrists and psychologists provide expert court
reports and expert witnesses in civil, family and criminal cases across the UK. As a
leading national centre for mental health, we are used to complex cases and issues.
Following the outcome of claims, we can offer a range of individually tailored
psychological therapies and family therapies. The care is joined up care, with the
option of input from psychiatry and psychology combined.
Our experts
Our panel includes expert psychiatrists and psychologists in a wide range of general
and specialist fields of mental health. Some of our areas of special expertise include:
• Brain injury
• Cases involving physical and mental health
• Child and sexual abuse
• Clinical negligence
• Discrimination
• Employment issues and workplace stress
• Family law
• Fitness to plead
• Housing
• Medical negligence
• Mental capacity
• Neuropsychiatry
• Perinatal mental health
• Personal injury
• Psychological trauma
• Functional or ‘medically unexplained’ physical
symptoms
49/. It should be noted that certain claims are exempted from the RTA Small Claims Protocol and the
tariff. These are claims where the claimant is child on
the date the claim is started and where either the
claimant or defendant is a protected party as defined
in rule 21.1[footnote 5].
Advancing equality of opportunity
50/. Consideration has also been given to how
the whiplash tariff impacts on the duty to advance
EXPERT WITNESS JOURNAL
Contact Name: Maudsley Private Care - Tel: 020 3228 9880
Email: jenn.owen@kcl.ac.uk - Alternate Email: privatecare@slam.nhs.uk
Website: www.maudsleyprivatecare.co.uk/home - Area of Work: Nationwide
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