The UK government has launched a consultation to update existing legislation, making it easier for organisations to offer heartfelt apologies to those who have suffered harm. The proposed changes aim to address the reluctance of businesses and institutions to express remorse, even when it is warranted.
Background
The Compensation Act of 2006 initially paved the way for public institutions, private companies, and their employees to apologise without admitting legal liability in civil proceedings. However, nearly two decades later, there is little evidence that this provision has led to a meaningful increase in the use of apologies as a form of reparation. Many victims continue to grapple with unresolved trauma, lacking the closure that a sincere apology can provide.
Organisations and individuals often hesitate to apologise due to concerns that their words might be misconstrued as an admission of fault. This fear, whether real or perceived, creates barriers to genuine apologies. To address this issue, the proposed law seeks to clarify the role of apologies and encourage their use as a means of acknowledging harm and expressing regret.
Key Changes
- Clear Legal Framework: The updated law will explicitly state that apologies do not constitute an admission of liability. By removing ambiguity, organisations will feel more confident in offering heartfelt apologies.
- Expanded Scope: The proposed changes will broaden the scope of the law, allowing individuals and institutions to express regret more freely. Whether it’s a business, a hospital, or a school, the ability to apologise sincerely will be recognised as an essential part of the justice system.
- Vicarious Liability: Inspired by a recommendation from the Independent Inquiry into Child Sexual Abuse (IICSA), the law will hold employers accountable for the actions of current or former employees. This means that schools, care facilities, and hospitals will be encouraged to apologise for any abuse committed by individuals within their ranks.
Minister’s Perspective
Justice Minister Lord Bellamy emphasised the importance of apologies in the justice system. He stated, “This consultation aims to strengthen the role of apologies, allowing victims to find closure and move forward. In many historic child sexual abuse cases, an institution’s apology has been as crucial—if not more so—than financial compensation.”
