The High Court has granted permission for a judicial review of Legal Aid for inquests.
The Law Society Gazette reports that Mr Justice Andrews allowed a challenge to government policy on Legal Aid for inquests by Joanna Letts. Ms Letts’ brother Christopher was killed after being hit by a train in Tooting, southwest London in 2013. Mr Letts was killed four days after he was released from hospital.
Ms Letts claims that government guidance on Legal Aid for inquests is flawed and unlawful – she was refused Legal Aid to pay for legal representation at the four-day inquest into her brother’s death in January 2015.
However, her legal representatives say that Ms Letts has “no legal experience” to enable her to represent herself at her brother’s inquest. She is also supported by the Inquest Lawyers Steering Group, which says that bereaved families should have legal representation paid for out of public funding to ensure all the facts of a death come to light.
The Legal Aid Agency reviewed its decision and decided to award Ms Letts public funding for the inquest – but her legal team decided to proceed with an application for Judicial Review to help other families refused Legal Aid for inquests.
A spokesman for the Ministry of Justice called the High Court ruling to grant permission for Judicial Review “disappointing” – and added that Legal Aid for inquests had been “specifically protected” by the government in its Legal Aid reforms in circumstances “where funding for representation is required”.
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