§ Mr. BrakeTo ask the Parliamentary Secretary, Lord Chancellor's Department under what circumstances 313W and for what special reasons legal aid can be made available to enable bereaved families to be legally represented at inquests. [100715]
§ Mr. LockAn inquest is an inquiry concerned with the facts surrounding a death, rather than issues such as civil or criminal liability. Legal representation is generally considered unnecessary. Full civil legal aid is therefore not available to someone appearing at an inquest. Legal advice and assistance may be available under the Green Form scheme to those who are financially eligible in connection with inquests.
Under section 4 of the Legal Aid Act 1988, it is possible in exceptional circumstances for the Lord Chancellor to direct that help be given in cases where it would otherwise not be available. In future, the Legal Services Commission (successor to the Legal Aid Board) will be able to seek authorisation from the Lord Chancellor to provide funding, under section 6(8)(b) of the Access to Justice Act 1999, for representation in exceptional cases where they believe that funding is warranted. My Department is currently considering with the Home Office the criteria to take into account in deciding what constitutes an exceptional case in respect of an inquest, and will seek the views of interested parties.