A high-profile Midlands solicitor representing the bereaved family of a three-year-old girl at an inquest in Leeds this week has accused the government of 'scandalous' behaviour for refusing to meet a QC's fees to act on their behalf.

Paul Balen said it was 'atrocious' that he had been forced to represent the family of Naazish Farooq, who died of a potassium overdose while being treated for cancer at St James' Hospital in Leeds, while other parties to the inquest were represented by leading clinical negligence QCs.



Mr Balen won a landmark Court of Appeal judgment in December 2003, ordering the government to fund legal representation for the family at the inquest (see [2003] Gazette, 11 December, 5). However, while the Department for Constitutional Affairs (DCA) did offer a sum to meet the family's legal costs in December 2004, this fell below the amount sought by the family's QC Philip Havers, who then had to drop the case. By that time it was too late for Mr Balen to find another barrister and he was forced to represent the family himself. The trust admitted liability for the child's death in February 2002.



Mr Balen said: 'I am up against five QCs on this case who are all leading experts in their field, and to make matters worse the government is funding my own former lead counsel's head of chambers to represent the NHS trust, on similar rates. The government has paid lip service to the Court of Appeal judgment.'


A DCA spokeswoman said: 'The merits of funding legal representation for the Khan family in this tragic case have never been in question. In fact, exceptional funding has been approved at a rate higher than the normal fees for QC and solicitor representation. We are satisfied that the family has proper representation with a solicitor-advocate who has considerable experience and knowledge of this particular case.'