Source · Select Committees · Justice Committee
Recommendation 12
12
Paragraph: 103
Bereaved people should not be put through the difficult and time-consuming process of meeting the...
Conclusion
Bereaved people should not be put through the difficult and time-consuming process of meeting the exceptional cases requirements and the means test for legal aid where public authorities are legally represented at public expense at the inquest into the death of their loved one. The Ministry of Justice should by 1 October 2021, for all inquests where public authorities are legally represented, make sure that non- means tested legal aid or other public funding for legal representation is also available for the people that have been bereaved.
Paragraph Reference:
103
Government Response
Acknowledged
HM Government
Acknowledged
Whilst the Committee welcomed the Government’s steps to support the inquisitorial nature of inquests, it did not consider that these were enough to prevent large multi- handed inquests, where individuals’ and organisations’ reputations were at stake, from becoming adversarial. The Committee did not think that bereaved people should have to go through the process of meeting the Exceptional Case Funding (ECF) requirements and the means test for legal aid where public authorities were legally represented at inquests into the death of their loved one. It therefore recommended that the Ministry of Justice should by 1 October 2021, for all inquests where public authorities are legally represented, make sure that non-means tested legal aid or other public funding for legal representation is also available for the people that have been bereaved. The Government remains of the view that the inquest process is intended to be inquisitorial, and that legal representation should not be necessary at all inquests. However, the Government will be considering its approach to legal aid for inquests as part of its response to Bishop James Jones’ report of his review of the Hillsborough families’ experiences and we will respond to Bishop James’ recommendation on legal aid then. We agree that there are some cases where representation should be granted and these are currently funded through our ECF scheme. We agree that in these cases, access to legal aid should be as simple and easy for bereaved families as possible, which includes limiting the burdens of a financial means assessment. We are therefore pleased to announce that we will be taking forward legislation to remove the means test for applications for ECF in relation to legal representation at inquests. Further, we are proposing to provide non- means tested legal help in relation to an inquest for which ECF has been granted for legal representation. Beyond this, we will consider the wider issue of legal aid at inquests in the Government’s response to Bishop James’ report.