One of the most difficult discussions I ever have with clients is whether or not they are going to be able to be represented at the Inquest of a loved one. The Legal Aid cuts made by governments over the years have made getting funding for inquests nigh on impossible.

You can only begin to imagine the grief of a family who are going through the ordeal of losing a family member in sudden and usually tragic circumstances. The last thing that I, as a lawyer, want to have to do is to talk to them about the absence of legal aid to pay my fees.

However, that has been what we have been having to do for several years.

The Legal Aid Agency has been making it more and more difficult to get funding to the point where often, unless the Coroner writes a letter telling them that they should grant Legal Aid, they don’t.

At the High Court on Friday 20th February the guidance issued by the Agency was declared unlawful and Mr Justice Green said that the threshold for bereaved families getting legal aid was too high.

The Ministry Of Justice is now considering the judgement. Let’s hope that means lawful guidance and an understanding that families need funding to give them a level playing field.

You see if there is a death in prison or a police station then the Ministry of Justice or the Home Office will pay for their lawyers to roll up at court to defend the prison or the police.

If you are needing advice or assistance in relation to an inquest then please click here for a call back or message us your enquiry.