LCD adjusts funding tests to adhere to human rights

The Lord Chancellor's Department (LCD) has amended the tests governing exceptional funding in legal aid cases to bring them into line with human rights principles, it was announced last week.The changes include the addition of a test to the exceptional funding criteria, which means that applicants can argue that it would be practically impossible for them to proceed with the case without representation, or that there would be unfairness.

A different test for inquests means applications will be decided according to whether the family of the deceased needs representation in order to help the coroner determine the cause of death.The move comes after the High Court called on the LCD to review 'misleading' guidance after Berrin Jarrett was refused legal aid to fight a case against the Department of Trade and Industry for disqualifying her from ever holding a directorship of a company (see [2001] Gazette, 21 June, 3).The Lord Chancellor, Lord Irvine, said: 'These changes reflect the government's continuing commitment to human rights.

Although the court did not find against the government or the Legal Services Commission in Mrs Jarrett's case, it encouraged us to reconsider our guidance on exceptional cases, which I have been happy to do.'Richard Miller, director of the Legal Aid Practitioners Group, said the new rules accurately reflect the Jarrett decision.

'In practice it will only apply in limited cases, but granting funding in cases where there would be unfairness if a party were not represented is a useful extra ground,' he added.However, Helen Shaw, co-director of campaigning group Inquest, said the government must also examine whether the legal aid process is compliant with the Human Rights Act, along with how preparation in complex death in custody cases is funded.

'We hope this will be addressed in the Home Office coroner's review, which started in July and is due out by the end of next year,' Ms Shaw said.Paula Rohan