It has been reported this week that there is a significant inequality in relation to spending on legal representation for inquests.
Ministry Of Justice Spending At Inquests
Figures released by the charity Inquest show that in 2017 the Ministry of Justice spent £4.2 million on legal representation for the prison and probation service, whilst the families of those who died received just £92,000 of funding through the Legal Aid Agency’s exceptional funding scheme.
The charity says that the figure is only a part of the total spent on representing the state and corporate bodies at inquests because private prisons and healthcare providers are separately represented.
For families of the deceased, obtaining funding for legal representation can be a difficult and sometimes impossible process and the Government has recently decided not to introduce automatic public funding for bereaved families in a case where the state is represented.
These funding difficulties can often result in families being unrepresented and when state bodies are spending millions on their own representation, there is a clear and unacceptable inequality in the system that must be addressed.
The Head of Policy at Inquest commented:
“Inquests following state related deaths are intended to seek the truth and expose unsafe practices. Yet bereaved families are facing well-funded legal teams defending the interests and reputations of state and corporate bodies, who work together to shut down or narrow lines of enquiry.
“The limited data available suggests that the Ministry of Justice are signing off a budget for the Prison and Probation Service to spend 46 times more on their own legal representation than is granted via the Legal Aid Agency to bereaved families for prison inquests.
“These are truly shocking figures and it’s no wonder that families feel that the system is stacked against them. The Ministry of Justice must act now to introduce fair legal funding for bereaved families to ensure a level playing field at inquests.”
The figures were released as MPs began to debate public funding at inquests. The debate was opened by Stephanie Peacock, of the Labour Party, who said:
“On the one hand, state bodies and representatives are equipped with access to unlimited funds and resources – the best experts and the best legal teams. On the other hand, vulnerable families in the midst of grief are forced to navigate a complex and alien application process that is provided with the bare minimum of support – indeed, most people will not even receive that.”
Inquest have launched a campaign in combination with bereaved families calling for the automatic non-means tested legal aid funding for families following a state related death.
Comment
For any bereaved family facing the prospect of a complex and detailed inquest into the death of their loved one, it is vital that they are properly and fairly represented. The released figures clearly show that the system available is not working in the interests of these families and something must be done.
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Danielle Young is an Associate in our Medical Negligence team.
If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.