Funding discontent

Further to your front-page story regarding the Legal Services Commission, I am sorry to say that I have experienced similar difficulties (see [2001] Gazette,12 April, 1).I had been instructed to act for a severely brain-damaged teenager, his parents having found out 'accidentally' that the hospital responsible for his care had decided that were he to fall ill and require intensive care/resuscitation such treatment would not be provided.Understandably, they felt very strongly that provided their son had a quality of life, despite his disabilities he should be given a chance of recovery and not simply be left to die.

They instructed me to make an application on their son's behalf for public funding to pursue an application against the hospital trust in question for a declaration in respect of his treatment on the basis that he had a right to life by virtue of the Human Rights Act 1998.

The application was submitted, highlighting not only the human rights issues but the wider public interest as there could be hundreds of children in a similar situation.

The application was rejected outright.

Given the fact that my client could not speak for himself, and given that his life was at stake and the added factor of the wider implications for others in his position, I could not imagine a case more deserving of public funding, particularly since only a limited certificate to fund initial advice from counsel had been requested.I appealed the decision but sadly my client died shortly before the appeal hearing was scheduled to take place.Fortunately, the hospital changed its policy 24 hours before he fell ill and provided him with an intensive care bed, allowing him to die with dignity.

A letter of claim had been sent.

The LSC actively encourages human rights applications.

In its own guidance notes it states it has a wide discretion in human rights cases and applies special criteria to provide funding even in borderline cases.

My clients' experience would suggest that this is not the case.My confidence in the concept of (what is left of) public funding - which was already low - is now virtually non-existent.Claire Forinton, Graham Leigh Pfeffer & Co, Bury