Exceptional Community Legal Service Funding (Hansard, 1 November 2001)

§ The Lord Chancellor

I have today announced a number of changes to the way applications for exceptional Community Legal Service funding will be handled. These changes are designed to make it easier for applicants to obtain funding in cases that would normally be outside the scope of the CLS. They follow on from the recent case ofR v the Legal Services Commission and the Lord Chancellor ex parte Jarrett, and from our experience of handling exceptional cases.

The main changes are as follows. A new test has been added to the existing criteria for obtaining exceptional funding. Previously, apart from satisfying the standard funding code criteria, applicants had to show that their cases raised matters of significant wider public interest or were of overwhelming importance to them. Now, it will also be possible to get funding if, without representation, it would be practically impossible for the applicant to proceed or there would be obvious unfairness.

Different criteria have been developed for inquests. This is because these cases are different from standard court cases, the criteria for which are not always 173WA suitable. For example, there is no need for a test of overwhelming importance, since the death of a loved one will always be of overwhelming importance. The test for inquests is instead whether the family of the deceased need representation in order to help the coroner carry out the task of determining the cause of death.

I have authorised the Legal Services Commission to grant funding in certain types of inquest without having to seek my authority in each individual case. This will make the application process shorter and more convenient for the bereaved. The cases in question are those where the death has occurred in police or prison custody, or during the course of police arrest, search, pursuit or shooting.

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. The new test for obtaining exceptional funding will make a major contribution towards achieving access to justice for people whose cases are complex or difficult, or who have particular problems that legal representation can help with. At the same time, the new arrangements for handling applications in inquests will improve the service we are able to give bereaved applicants, at a time when it is important for us to be as supportive as possible.