Legal aid for inquests faces overhaul

The Ministry of Justice (MoJ) has initiated a consultation to amend the Civil Legal Aid (Remuneration) Regulations 2013, specifically targeting the legal aid provided for inquests within England and Wales. The proposals aim to introduce a streamlined fee scheme for legal help work related to inquests, which would take effect following the Royal Assent of the corresponding Bill.

One key aspect of this proposal includes consolidating various fee rates for service elements of legal aid. This encompasses costs related to preparation, attendance, travel, waiting, and also encompasses routine communications such as letters and calls. Additionally, the plan seeks to unify advocacy services under a single fee structure, benefiting family members who access legal aid during the inquest process. However, these changes are contingent upon the successful passage of government amendments and Royal Assent.

The consultation is designed for all stakeholders interested in the provision of legal aid for inquests. This includes professionals within the legal field, representative bodies, coroners, members of the judiciary, and bereaved families who have engaged with the inquest system and obtained legal aid assistance.

Mark Evans, President of the Law Society of England and Wales, voiced support for the initiative, stating that “the proposed changes in the way legal aid for inquests will work is a step in the right direction to reduce the day-to-day bureaucracy faced by firms.” He added that “the structural changes will bring both advocacy and solicitors’ work under a single legal aid certificate, creating a simpler and more efficient system.” Nonetheless, Evans expressed concerns regarding the proposed funding levels, remarking that “it will be nowhere near adequate to secure sufficient capacity to handle the vast increase in the number of inquests in which families will qualify for legal aid.” He concluded with a stark warning, emphasising that “without enough lawyers to undertake this work, bereaved families will not find themselves on the level playing field this legislation offers them.”

In response to the consultation, the Law Society plans to provide a detailed submission, meticulously evaluating the practical implications of the suggested changes. As the consultation progresses, the outcome may significantly influence the landscape of legal aid for inquests, ultimately aiming to better serve bereaved families across the country.