The government must ensure enough investment to cope with the projected demand in inquest cases, the Law Society has said. Responding to a Ministry of Justice consultation seeking views on changes to fee scheme arrangements for legal aid in relation to inquests, the Society said:

  • Extending non-means tested legal aid to bereaved families is welcome, as it will ensure fairer access to representation at inquests involving public authorities.
  • Simplifying the fee system is a positive step, but the proposed rates are too low to be sustainable and will fail to attract new legal aid providers or enable existing providers to expand to meet demand.
  • Demand for inquest legal aid is set to surge, with cases expected to rise from a few hundred each year to around 11,000, creating an urgent need for significant expansion in provider capacity.

'The proposed changes in the way legal aid for inquests will work are a step in the right direction for bereaved families, which will help level the playing field between bereaved families and those who may be responsible for the death of their loved one,' said Society president Mark Evans.

'Reducing the bureaucracy faced by legal aid firms by bringing both advocacy and solicitors’ work under a single legal aid certificate will create a simpler and more efficient system. However, government must ensure there is sufficient financial investment in developing a well-staffed, well-trained and sustainable sector.'

Noting that very few legal aid firms carry out inquest work, Evans said the proposed fee will not attract new firms into the area. 'The fees must cover the costs of delivering these services to ensure there is enough capacity to meet the expected demand,' he said.