UK Government moves to ensure serious offenders detained in hospital lose benefits

Jonathan Bunn, Press Association Political Reporter

Criminals including killers and sex offenders detained in hospital will no longer receive benefits under proposals called for by victims’ families.

The Government confirmed the move to end so-called “double provision” which enables offenders to claim hundreds of pounds a month for living costs while receiving NHS psychiatric treatment.

Regulations laid in Parliament on Tuesday seek to close the loophole and prevent serious criminals receiving up to £800 a month in universal credit over several years, saving an estimated tens of millions of pounds annually.

The Government said the confirmation follows engagement with victims’ families and experts as part of its plan to “put fairness back of the heart of the welfare system”.

The new regulations are expected to come into force early next year following parliamentary approval.

Work and Pensions Secretary Pat McFadden said: “We said we’d act to tackle this gross unfairness and we’re delivering on that promise.

“For too long these violent criminals have had their living costs paid by the taxpayer twice over, while their victims and families paid the price.

“That ends today because victims and taxpayers deserve a system that is fair and supports only those who genuinely need it.”

Parents of Barnaby Webber and Grace O’Malley Kumar, who were killed by Valdo Calocane in Nottingham in 2023, welcomed the announcement.

Calocane was convicted of manslaughter on the basis of diminished responsibility.

Emma Webber, Barnaby’s mother, said: “This is long overdue, and simply the right thing to do.

“It was a disgrace that Calocane and offenders like him have ever received taxpayers’ money.

“A hospital bed does not erase the egregious crimes committed, nor the destruction they have caused.

“Closing this loophole finally delivers some basic accountability that victims deserve.”

Dr Sanjoy Kumar, Miss O’Malley-Kumar’s father, said: “Our campaign has always been about accountability and fairness.

“On the principle of fairness alone, we do not see why taxpayers should fund benefits while they are incarcerated.

“We are grateful to the Secretary of State Pat McFadden for taking action and listening to our campaign which always been about what is good for the country.”

Kennedi Westcarr-Sabaroche was killed by her partner Gogoa Lois Tape, who was given a hospital order detaining him indefinitely after he pleaded guilty to manslaughter by reason of diminished responsibility.

The victim’s mother Linda Westcarr said: “I believe it is right that the Government reviews benefit entitlement for those who have committed the most serious offences, particularly where public money, funded by taxpayers, is involved.

“For many victims’ families, the question of whether serious offenders should continue to receive benefits raises understandable concerns about fairness, accountability and the values we uphold as a society.

“In my view, this is not simply a question of policy, it is also a matter of moral responsibility and ensuring that the impact on victims and their families is properly recognised.”

She added: “Kennedi mattered. Her life mattered. The voices of victims’ families must be heard, and their suffering must never be overlooked when decisions are made about the consequences of serious crime.”

The proposed regulations apply to individuals subject to a Section 37 order under the Mental Health Act 1983 and a Section 57A order under the Criminal Procedure (Scotland) Act 1995.

The offences covered include manslaughter, attempted murder, wounding with intent to cause grievous bodily harm, rape, assault by penetration and rape of a child under 13.

Murder is not included as a hospital order is not applicable because the offence attracts a mandatory life sentence.

The change in regulation is expected to affect about 2,500 offenders already in hospital and approximately 200 a year in future, the Government said.

The full financial impacts of the approach will be published as part of the 2026 budget on October 28.

The NHS will continue to provide appropriate mental health support to the offenders affected.

Angela Rayner said there were “far too many instances recently” where people feel that the criminal justice system “has not been on the side of those that needed the protection”.

Speaking to broadcasters on Tuesday, the Communities Secretary was asked about a call from Ms Webber for revenue raised from the change to go towards victim support services.

Asked whether the Government would support this, she told BBC Breakfast: “Well, that’s something obviously for the Chancellor and the Secretary of State.

“But I am aware that the Secretary of State has met with the families regarding this and was quite frankly astonished that the situation was as it was and that these people were receiving benefits, and that’s why the Secretary of State has taken this action, and I welcome it.

Asked whether a lack of adequate support for victims and their families was something that needed to be sorted, she said: “Yeah, and the Government have recognised, and in particular the situation we inherited with the prison capacity as well, is that the whole system really has been breaking.”

She added: “Far too many people at the moment are waiting for the justice, and that’s not acceptable, and when the worst happens, you need to make sure you’ve got the support.

“And I think that there has been far too many instances recently where people feel that the system has not been on the side of those that needed the protection.”

Helen Whately, the shadow work and pensions secretary, said: “Killers and rapists should not pocket benefits from a hospital bed.

“Labour has taken all year to stop a loophole it promised to close. And tens of millions saved barely makes a dent in the benefits bill Labour has let spiral out of control.

“The Conservatives would make universal credit a conditional, time-limited benefit, so taxpayers’ money goes only to those who genuinely need it.”

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