ANP
Today, State Secretary Aukje de Vries presented her acceleration operation, which should ensure that parents affected by the benefits affair are compensated more quickly. But this will not prevent lawyers from dropping out and benefit parents having to wait a long time, fears Sanne van Oers, director of the Dutch Bar Association.
She says that in Nieuwsuur. “Lawyers have been making concrete proposals for a long time on how the process can be improved. But nothing is done about it. That is a missed opportunity.”
The core of the lawyers’ ideas is that the “preliminary phase” of the compensation process should be strengthened. “People now have to wait a long time for their assessment. Files are not delivered on time and when they are there, a lot of information is not included.”
Acceleration operation
The Association of Netherlands Municipalities (VNG) previously estimated that it could take up to 2030 before all parents have received the money they are entitled to. Some of those parents’ lawyers are now so despondent that they are considering giving up. “It would be terrible if lawyers had to drop out because of the system, because these parents have a right to a lawyer who does the job as you should,” says Van Oers.
The acceleration operation of the State Secretary is intended to ensure that 90 percent of the notifiers know in the first quarter of 2025 whether they will be compensated for more damage on top of the Catshuis compensation of 30,000 euros. The last 10 percent must be assessed six months later.
State Secretary De Vries today presented a number of plans that should make this acceleration possible. For example, the use of mediation should help to deal with objections more quickly. Extra staff is also needed for the Implementation Organization for Recovery Allowances (UHT), the service that must solve the problems for affected parents. The omission of sensitive information in files should be outsourced to software or temporary staff.
Van Oers agrees with some of those plans, such as the use of mediaton. “But preferably as early as possible. Because now mediation is only after objection. You can bring that much further forward, to see if you can come to an agreement together.”
Earlier at the table
The Bar advocates that there should be a “triage interview” earlier, in which the wishes of the parent are examined and what is required for this. “Because there are a lot of things that you can solve quickly that way. Then you have helped those parents.”
The remaining group of parents can be divided into two groups, says Van Oers. “You have the people who want to get rid of it quickly and want to settle. You could work with predetermined amounts, you can use mediation, that can be settled. Finally, you have the group of cases that are really complicated, which can then on to the Actual Damage Committee.” This is the committee that conducts the most extensive investigation into a benefit parent’s file and is the last station for people who want compensation.
“Now it is the case that very little information is provided in the preliminary phase. People feel forced to litigate all the way to the Actual Damage Committee. Because it only becomes clear what is in the file and what the damage looks like there.”
Van Oers hears from lawyers that it takes “incredibly long” before the files of the benefit parents they represent are delivered. She doesn’t know why that is. “It is said that it is very complicated and it will be. But that is precisely why it is so important to sit at the front of the table, to discuss: what information do you need as a parent.”