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The society said expanded support for bereaved families must be backed by enough investment to meet projected demand
The government must ensure there is enough investment to meet a sharp expected rise in demand for legal aid in inquest cases, the Law Society of England and Wales has warned.
The warning follows Ministry of Justice proposals to reform fee arrangements for inquest legal aid under plans to expand non-means-tested legal aid for bereaved families where a public authority is an interested person.
The MoJ has consulted on changes intended to reduce bureaucracy for legal aid providers, including a single fee scheme for legal help work in inquest cases, a single legal aid certificate covering both advocacy and solicitors’ work, and revised fee arrangements for preparation, attendance, travel, waiting time, routine correspondence and advocacy.
The changes are subject to the relevant legislation receiving Royal Assent before amendments can be made to the remuneration regulations.
Law Society president Mark Evans said the proposals were “a step in the right direction for bereaved families” because they would help “level the playing field” between families and those who may be responsible for a death. He said reducing bureaucracy by bringing advocacy and solicitors’ work under a single legal aid certificate would create “a simpler and more efficient system”.
However, Evans warned that the government must provide “sufficient financial investment” to develop a “well-staffed, well-trained and sustainable sector”.
The Law Society said legally aided inquest cases are expected to rise from a few hundred each year to around 11,000, creating an urgent need to expand provider capacity.
Evans added: “Very few providers carry out inquest work and the proposed fee will not enable new firms to move into the area. The fees must cover the costs of delivering these services to ensure there is enough capacity to meet the expected demand.
“Without enough lawyers to undertake this work, bereaved families will continue to face an uphill struggle in engaging with the inquest at the most difficult time in their lives.”
The Law Society said extending non-means-tested legal aid for inquests was an important step, but warned that proper funding and workforce planning would be needed to ensure bereaved families have access to legal representation when facing public authorities.