Guidance

Official Injury Claim Advisory Group Terms of Reference

Published 16 May 2022

Applies to England and Wales

1. Background

In 2021 the Government introduced a range of reforms affecting the way road traffic accident related personal injury claims are dealt with. These include the measures in Part 1 of the Civil Liability Act (CLA)2018 which introduced a fixed tariff of damages for a whiplash injury or injuries of up to 2 years and any minor psychological injuries suffered at the same time , the facility for a judicial uplift of up to 20% greater than the relevant tariff figure in exceptional circumstances, and a ban on the seeking or offering of pre-medical offers to settle whiplash claims.

In addition to the changes introduced via the CLA, the Government also increased the Small Claims Track limit in respect of RTA-related personal injury claims from £1,000 to £5,000. Legal costs are therefore no longer recoverable in most cases where the claim for PSLA is valued at £5,000 or less. To support these legislative changes, the Ministry of Justice (MoJ) worked with the Motor Insurers’ Bureau (MIB), a key delivery partner, to develop ‘the Official Injury Claim (OIC)’ service, an accessible IT portal which enables claimants, either with or without legal representation, to make and settle their own claims without the need to go to Court. The service launched on 31 May 2021.

The OIC service is designed to cater for different individual needs and circumstances, to ensure that all individuals are able to pursue a claim successfully. For anyone unable to use the digital service, alternative measures are in place via the Portal Support Centre.

The MoJ has overall oversight, responsibility and control of the policy and the underpinning Service. MIB retains technical responsibility for the Service, under direction from MoJ. However, we recognise the benefits to be gained from drawing on the expertise and experience of those who will use the OIC service and who can share their views. In general, the right degree of transparency and user input will improve the operation of the Service and establish its use by both unrepresented claimants and all other parts of the personal injury sector. MoJ will take into account wider stakeholder views, and will consult as required with the Road Traffic Accident (RTA) Sub Committee where any changes require consideration or approval of the Civil Procedure Rules Committee (CPRC) and/or the Master of the Rolls, and with the Motor Insurers’ Bureau (MIB) on change that has build implications for the Service.

2. Purpose, Objectives & Responsibilities

2.1 Purpose

The OIC service mirrors the requirements of the RTA Small Claims Protocol (RTA SCP). The OIC Advisory Group (OICAG) has been established to provide expert input to the MoJ on the operation of the RTA SCP and the Service.

2.2 Objectives

The group will help MoJ achieve the following objectives:

• to understand how the Service is operating and be alerted to any issues;
• to monitor the impact of MoJ policy;
• to improve the overall user experience of both public and professional users, in line with the approved civil procedure rules (CPR) and RTA SCP; and
• to increase public and professional users’ confidence in the Service.

2.3 Responsibilities and ways of working

The OICAG’s responsibilities will be to:

• review the impact and performance of the OIC Service;
• consider improvements; and
• provide balanced feedback on future operational developments.

Members will be asked for general feedback on the operation of the OIC portal and the RTA Small Claims Protocol from those they represent and may be asked for input on specific topics. The MoJ may also bring specific issues or questions to the group and request bespoke working groups to be established to work together to consider and advise on these. Representatives from outside the core membership may also be invited to contribute on these specific issues.

Representative body and sectorial members of the OICAG will be responsible for disseminating relevant information to their sector when requested, and for representing the views of that sector. Members are of course free to have discussions in smaller groupings outside the quarterly meetings where relevant or helpful, though these would not be formal OICAG sub-groups, unless stated by MoJ. Members also have a responsibility to abide by Chatham House Rules regarding discussion at meetings, and not to disclose information or data which is not otherwise in the public domain. The MoJ will publish a high-level version of the meeting minutes on gov.uk but will not attribute any views or information to individuals or organisations.

The OICAG is not a decision-making forum. As such, the MoJ is under no obligation to accept any proposals made. Any subsequent decisions will be made by MoJ, having engaged with and consulted the relevant parties as set out above.

3. Group Membership

3.1 Chair

The Advisory Group will be chaired by the Ministry of Justice.

3.2 Secretariat

The Secretariat of the Advisory Group will be provided by the Ministry of Justice (with the assistance of the MIB) and will be responsible for:

• Scheduling and co-ordinating all Advisory Group meetings
• Distribution of papers and agendas for future meetings
• Recording and distribution of meeting minutes and actions

Minutes will be circulated one week after the meeting, to be agreed by members via correspondence. Members will provide a nil return if they have no comments.

A summary of the minutes will be published on GOV.UK setting out what was discussed and any key decision points. This version will not describe discussions in detail or attribute those discussions to any individual or organisation.

3.3 Membership

Membership of the OICAG is at the discretion of the Ministry of Justice, however the intention is that this comprises a spectrum of representatives to ensure a balance of views from a range of affected stakeholders and user perspectives.

Given the nature of the reforms, and the ability of unrepresented claimants to make claims, the complexion of the advisory group will need a specific focus on the experiences of this group. As a result, we will seek representatives to provide specific input from this important perspective.

The OICAG will also have representation from the claimant, defendant, and third sectors, Medco, and HM Courts and Tribunal Service (HMCTS).

In addition, recognising the interdependencies between the CPR and the operation of the Service, a member of the CPRC will be a member and will advise on whether any matters should be referred to the full Sub Committee and/or CPRC. This diverse group of representatives will promote informed decision making with regards to any future changes to the Service.

Therefore, the following twelve representatives will form the core membership of the Advisory Group:

• A representative of the MoJ (chair)
• A representative of the CPRC
• Two claimant legal representatives
• A defendant legal representative
• A compensator representative
• One representative of a third sector organisation
• One litigant in person representative
• A representative of HMCTS
• A representative of Medco

Each of these representatives or the body to which they belong will be asked to nominate a deputy in the event that they are unable to attend the Advisory Group but will not be permitted to extend invitations otherwise.

The MoJ may also invite other expert representatives to a meeting when necessary to input on specific topics. As with the standing members of the Advisory Group, these individuals are at the ultimate discretion of the MoJ.

As the service operator of OIC, MIB will attend the Advisory Group when invited to do so by MoJ but will not be a member of the Group.

The membership, function and operation of the group was reviewed in December 2021 following the first two meetings, in order to determine whether the group continued to meet MoJ needs and fulfil its purpose and objectives. No changes to the membership were proposed.

4. Meeting arrangements

Meetings will occur quarterly, effective from October 2021, and will be scheduled for at least two hours. Given the ongoing effects of coronavirus, the Advisory Group will be held as a hybrid meeting, with the option to join via Microsoft Teams or to attend in person.